
aass E_3_3lI- 

Book .E^ ^. 



SERIES OF LETTERS, 



ADDRESSED TO 



THOMAS JEFFERSON, E$^. 

PRESIDENT OF THE UNITED STATES, 



COXCERNING 



ms OFFICIAL CONDUCT AND PRINCIPLES s 



WITH 



AN APPENDIX 



Off 



IMPORTJISIT DOCUMENTS 



AND 



ILLUSTRATIONS. 



BT TACITUS. 



PHILADELPHIA : 

POR E. BRONSON, PRINTED BY THOS. SMITH. 

1802. 



\- 1 



'1 L. 



V ^ ^ ^"t 






r 



;---^' 



SERIES OF LETTERS. 



LETTER I. 



To Thomas Jefferson, Efquire^ President of the 

United States. 

SIR, 

AFTER the foothing language uttered by you, in 
your inaugural addrefs, on the 4th of March lad ; — 
after your invitation to your fellow citizens to unite 
"with you, with one heart and one mind, in refloring 
to focial intercourfc that harmony and affection, with- 
out which liberty, and even life itfelf, are but dreary- 
things ; — after propofmg to banifli from our land 
political intolerance, which, if not difcountenanced, 
might prove as defpotic as wicked, and capable of as 
bitter and bloody perfecutions as thofe heretofore 
infli£led on mankind by religious intolerance ; — after 
having affumed a portion of blame for having called 
by different names brethren of the fame principles ; 
— after Hating that we are all republicans, we are all 
federalifls ; — and after acknowledging that our go- 
Ternment had proceeded fo far in the full tide of fuc- 
cefsful experiment, and had fo far kept our country 
free and firm, had any individual ventured to predift, 
that you would ftiortly be feen ailing in diredi: violation 



of the principles and propofitlons then brought for- 
ward by yourfelf ; that even whilfi: thofe honied terms 
were flowing from your tongue, you were probably 
meditating the eflablilhment of that political perfecu- 
tion and intolerance which you then difclaimed ; that 
even in the high and honourable flation to which you 
were called, you would be found capable of belittle- 
ing yourfelf fo far, as to attempt to fligmatize, by 
odious denominations, that refpe£l:able portion of 
your fellow-citizens ufually defignated as federalills, 
to the happy refult of whofe exertions you were then 
conftrained, by the notoriety of circumflances, to 
bear the moft public teftimony, and under whofc 
general defignation you feemed anxious to withdraw 
from the public recollection the odium juHiIy attached 
to the oppofition which had been made to thofe 
exertions, — had, I fay, any individual ventured to 
predift thefe things, he would, without queflion, 
have incurred the imputation of illiberalityj nay, of 
malignity towards you. Yet, what has the courfe 
of a few revolving moons brought to view ? Not 
only a practice upon the reverfe of the principles then 
vainly and illuforily held up, but a public avowal of 
that reverfe, and an open attempt to (tigmatize, as a 
political fecl^ thofe whofe counfels had prevailed in 
the adminiftration of our government, previous to 
your prefent elevation, and to whom mufl confe- 
quently be attributed the important advantages, 
whatfoever they be, which, by your own ac- 
knowledgement, have been derived to our country 
and government. The frequent removals of men of 
the utmoft refpeflability from official flation, — of men 
whofe ferviccs to their country, in times the moil try- 
ing, your predeceiTors in office had thought worthy 
of remuneration, if in official flation that remunera- 
tion could be found, — of men whofe diligence, ability, 
and pun<5luality in the difcharge of their ofHcial du- 



ties bad left you no affignable caufe for their removal, 
fave the exercife of that independence of fentiment 
which eflentially difringuiflies iha citizens of a free 
government from the ilaves of dcfpotic power, — 
thefe occurrences, I hy, iir, were fufiicicnt, without 
other proof, to evince your pra£lice upon the revcrfe 
of your principles of the 4th of March : your anfwer 
to the remonftrance of the merchants of New-Haven 
ftands, and will forever Hand, a monument of your 
public avowal of that reverfe ; of your political into- 
lerance, and oi^your unaccountable inconfiftency. 

To ftfgmatize others as a political feff^ and confe- 
quently as deviating from the principles eflential to 
rational and free government, can belong only to 
thofe who are correct themfelves. You, fir, in a pub- 
lic and honourable ilation, have afTumed the autho- 
rity of making that denunciation, and confequently 
have fet yourfelf up to the examination of others. 
To thofe who bed know the importance of the pow- 
ers of government in the affairs of mankind, and 
how effentiai the appearance of public refpect for 
thofe in authority " is to the fuccefsful eKcrciJe of that 
authority'' nothing more unpleafant could have oc- 
curred. Of the difpofition of the federalids to ren- 
der that refpe'tft in decent degree, to whomfoever the 
voice of their country, or the forms cf the constitution 
vii^hi enounce for the important flation of chief ma- 
giflratc of the union, you, fir, had the befl grounds 
of affurance, from the uniform tenor of their conduct, 
and from their avowed principles, favourable to 
order and good government. In addition to thefe 
grounds, you had, fir, the formal affurance of that 
refpedlable body of men, the fenate of the United 
States, confifling principally of well known federal- 
ids, in terms probably going beyond what llrict pro- 
priety might have authorifed, but which, in that very 
circuradancc, evinced their laudable difpofition to 



bury in oblivion many things that had paiTed, and to 
promote conciliation and harmony for the future. 
This, fir, be afTured, was alfo the difpofition of thofe 
who compofed what was called the federal part of 
the late houfe of reprefentatives of the United 
States. Was then your denunciation of poiitical 
feBarifm intended as an experiment to try the extent 
of that difpofition, and to provoke that examination 
which, if (lri6lly made, you yourfelf, fir, are the 
bed judge, whether it can conduce to your honour or 
refpecftability ? 

You well know the ftyle, fir, of the ancient oath 

of allegiance ufed in the kingdom of Arragon, 

*' We, who are as good as you, make you our king, 
on condition that you keep and obferve our privileges 
and liberties ; and if not, not." — You know that the 
fenateof the United States annexed to their aiTurance 
of con^iitutional fupport, as an indifpenfible provifo, 
that your official conduct fliould be directed to the 
honour and interefi: of our country : and you know, 
whatever affurances may be given by others, that 
this is a condition annexed by natural juibce, which, 
fo long as your fellow citizens fliall poiTefs any fenti- 
ments of rational freedom, (as well thofe who, from 
honourable motives, favoured your elevation, as 
thofe whom you have denounced as a political, feet ^ J 
they will expeci: to be fuliilled. Was then this poli- 
tical perfecution of meritorious officers, for the exer- 
cife of that independency of fentiment which charac- 
terizes freemen ? Was this political intolerance 
which has denounced, as a political feet, thofe by 
vvhofe councils, labours, and fupport our government 
has thus far proceeded in the full tide of fuccefsful 
experiment, and our country has been fo far kept 
free and firm, dire^ed either to the honour or the 
intereft of our country ? Is your condudl juflified in 
thcffe refpefls by the examples of your predeceffors ? 



In every a6l of the adminiflration of General 
Washington, he fought the happinefs of his feU 
low-citizens. His uniform fydcm for the attainment 
of that obje<^ was to overlook all perfonal, local, 
and partial confiderations ; to contemplate the Uni- 
ted htates as one great whole; and to confult only 
the fubftantial and permanent interefts of our coun- 
try. In all his appointments to office, he fought for 
thofe whom he hoped moll likely to promote thofe 
interefls : he difdained the idea of making that por- 
tion of his official authority fubfervient to perfonal 
views, to the provifion of props for the continuance 
and fupport of his individual power, or for the pro- 
motion of the confined views of party. He was, 
indeed, fometimes difappointed in his expe<^ations on 
behalf of the public ; and, unworthily treated as the 
federalifls h^ive been, can it be any harm to afk, of 
what political fe£i were thofe generally who contri- 
buted to that difappointment ? 

Mr. Adams, previous to the late prefidentia! elec- 
tion, and whillt he was marked by your adherents as 
the objeft of calumny upon this very fubje^l, has been 
heard to recount the various inftances of difmilTal 
which had at that time taken place during his admi- 
niflration, and you, fir, by whom his talents and 
integrity have been fo long known and revered, by 
%vhom a cordial friendfhip has been fo long enter- 
tained for him, will not furely venture to charge him 
with wilful falfehood, when he declared, that none 
of thofe difmiifals had been made upon party conll- 
derations : — You will not, furely, charge him with 
infmcerity, when he difclaimed and reprobated every 
ufe of the prefidential power, in relation to difmiifah 
from office, for party purpofes. In his fele<Slion of 
thofe who were to fupply the vacancies that occur- 
red, it is probably true, that he generally, though 
not univerfally, preferred men of political fentiments 



different from thofe whom he had mofl frequently 
feen to difappoint the expectations of his predecelfor,- 
and whom he had found mod frequently to deceive 
himfelt. Had you, fir, in thefe refpciSts, without 
aiming at the fublime model of Washington, even 
taken the example of your immediate predeceifor for 
your guidance, we fliould never have heard com- 
plaints that officers of federal principles \voii\d neither 
die nor r^^n : we Ihould not have feen officers who 
had honourably and bravely ferved their country in 
the field, and who, in remembrance of that fervice, 
had been advanced to (lations in the civil line, where 
an equally honourable fidelity and punctuality had 
marked their conduCl, difmiifed from thofe ftations, 
to the infinite diftrefs of themfelves and families, upon 
avowed party confiderations. In relation to the heads 
of departments, who are confidered as the immedi- 
ate council and afiiftants of the prefident, whilfi: he 
himfelf remains refponfible for the refult of the mea- 
fures of his adminiilration, there can be no doubt but 
the prefident is and ought to be authorized, under 
his general conltitutional reftriclion, to feek the aid 
of thofe in whom he has the greateft confidence, and 
confequently to make difmifials from thofe ftations, 
whenever he conceives he may derive more impor- 
tant aid by the fubftitution of others. Such difmifT- 
a:ls, therefore, fimply of themfelves, and indepen- 
dent of other circumftances, ought not to caft a dif- 
honourable imputation upon the difmifitd, or to fub- 
jeft the prefident to complaint or cenfure. Confift- 
cntly with the example pf Mr. Adams, you might 
have fupplied thefe ftations with thofe whom you 
thought moft capable of giving you aid in the purfuit 
of the honour and intereft of our country. In doing 
this, you would not have been blamed for difmifl^als, 
nor have incurred the diflatisfadlion of any part of 
your countrymen, in fupplying vacancies, had you 



^■' 



confined your feIe(n:Ion to native and original citizens^ 
thofe who ftiared in the eflabhfhment of the original 
independence of our country* But can it be for the 
honour or interell of our coumry on fuch an occa- 
fion to have felefted as one of your chief counfellors a 
foreign adventurer, whofe refllefs difpofition, during 
his hmited refidcnce in our country, had already com- 
pelled him to have recourfe to prefidential amnefly, 
after having been engaged in fomenting an infurrec- 
tion againft the government, which coll our country, 
in treafure alone, upwards of twelve hundred thou- 
fand dollars? The rigid patriotifm of Mr. Adams 
"Was an elfe^lual fecurity againft a degrading error of 
that fort. 

In your diplomatic appointments you might, with* 
out obje»Slion, have fought for thofe whom you confi- 
dered as concurring with you in your ideas of our 
foreign relations ; but in doing this, it would have 
been well to have fele^led men, whofe moral charac- 
ters would have done no difcredit to their official 
ftations. Charity leads to hope there would have 
been no difficulty in finding fuch. 

In the inferior flations of office, a flricl fcrutiny 
might have been inilituted, and wherever delinquen- 
cy, incapacity, or moral depravity fliould be found, 
you would have incurred the dilTatisfa^lion of no fe- 
deraliil by exercifmg your power of difmiffiilandfup- 
plying the vacancies occafioned thereby, with whom- 
foever you pleafed of n.ttrvc or original citizens of 
decent and rcfpectable chara^ers. But where nei- 
ther delinquency, nor incapacity, nor moral depravity 
could be found, you ought furely to have ^vaited 
with patience yourfeif, and to have endeavoured to 
inculcate into your greedy expedants the neceffity of 
that patience, for the dtatb or refignation of tiiofe 
who blamelefsly performed their duties. Adopting 

B 



the fcntiments of Governor Clintojt, in his better 
days, you might have faid to them, 

'• The conftitution implies that all ofEces, the du- 
ration of which is not particularly afcertained, fhall 
be held during the plcafure of the prefident. By 
the pleafure of the prefident is intended, in my opi- 
niv^n, not a capricious arbitrary -pleafure^ hut Jhiind^ 
rational difcret'on^ io be acercifed for the public good : 
a contrary do^rine renders the constitution unfafej 
and its admini$t> ation unstable^ and whenever parties 
cxift, may tend to deprive men of their offices, be- 
caufe they have ^9'^ much independence ofjpirit to fup- 
poft meafures which they fuppofe injurious to the 
union, and may induce others, from an undue attach- 
ment to office, to facrijice their integrity io improper 
confide rations »^^ And, fir, you might have added in 
the fame fpirit, that fuch would be the higheft abufe 
of power, not only in relation to the juftice due to 
individuals, but in relation to the purity and freedom 
of fuifra^e, the fundamental principle of republican 
government : that fuch abuf^ would be not only 
worthy of the general excration of your country- 
men, but ought to incapacitate whoever fhould be 
guilty of that abufe, for ever after to hold and enjoy 
any office of honour, truft, or profit under a govern- 
ment deferving the name of free or republican. 

By adopting a courfe of this fort, you would have 
conciliated the affecTtions of the refpe6i:able of every 
denoiuination, and faved our country from the mif- 
chicfs that muft flow from the courfe now purfuedj» 
as weil as from the humiliating circnmPiance of bc- 
hol iing the government of New York abandoning 
its foimer honourable principles, and juftifying itfelf 
in that abandonment by your arguments and example. 
Are you juftified in this courfe, by the declaration 
of ycur friends? Whilft your enunciation, fir, was 
yet in fieri, and the conteit between you and Colonel 



tt 

I 

Burr was undecided, there is good authority For 
alTerting, that it was not unfrequently urged, by fomc 
of thofe who flood forth the advocates of your ele- 
vation, to thofe who thought Colonel Burr more 
worthy of of ihe firit ftation, that if the latter wiflied 
to fee the government of the United Stares ad;ninif- 
tered upon principles fuch as thofe of which a fpeci- 
men had been given in the flare of Pennfylvania by 
Governor M'Kean, they ought to perfifl in (he pre- 
ference of Colonel Burr, whofe violence of charac- 
ter was reprefented as bearing a flrong referab lance 
to that of Governor M'Kea^'. But if they wi'> ed 
to fee the government of the United Sfates adm'niT. 
tered upon mild and conci-ia'cy pr'ncip'es, free from 
every thing like a profcription of officers upon party 
tonfiderations, they ought to defifl from the fuppert 
of Colonel Bqrr, and accede to the preference of 
Mr. Jefferson, whofe chara^ler was reprefented to 
be made up of moderation and kindnefs, precluding 
every idea of fuch profcription. 'I hefe declarations 
are believed to have been fmcereiy made, under an 
impreiTion of their truth, by thofe v/ho loved their 
country, who wiflied to cherifli its peace and harmo- 
ny, and who had no idea of giving countenance to 
fuch a courfe of profcription. Many fuch there are 
without quefiion, fir, amongfl thofe who were your 
friends and adherents ; but what mufl be their dif- 
appointment and chagrin on witneffing the courfe 
which you have taken, and deliberately avowed your 
determination to perfill in ? Is it in the nature of the 
old foldier (for fome of thefe you had among your 
friends,^ whatever may be his political fentiments in 
the mottled confufion of our politics, produced by 
calumny and mifreprefentation, to v/ifh his fellow- 
foldier, whoafierted with him, in the field, the inde- 
pendence of his country, and whom he faw placed 
in a fUAiation to exempt him from penury, whilil he 



ilill rendered valuable fervice to that country, cafhier- 
cd without default, and turned at lar, e with a wild 
and pitilefs world before him ? Would it be a judifi- 
cation, in his judgment, if informed, that there arc 
tinefjential d'fff.rcnces cf opinion grown up between 
them ? Differences of opinion, be would reply, if 
tineffential^ as you reprelenr them to be, deferve to 
be effentially defpifed and difregarded. Would it be 
an equivalent in fcitisfa<^ion to him to be informed, 
that the vacancy occafioned by the removal of one 
•was to be fuppHed by the fubilitution of ^^nother of 
his old comrades in arms ? The circumftance might 
poflibly caufe him to paufe for a moment ; and had 
the vacancy occurred in the natural courfe of events, 
might have given him unalloyed joy ; but, refleftiiig, 
he would foon reply, in the fimple horiefty of bis 
heart, without the aid of counfel, '^ in aqrmH jure, 
potior est conditio pcjjldenti.^,^^ The merits of the 
one cannot juflify the infliction of unmerited diftrefs 
on the other. If he be indeed a republican, when 
he fliall difcover that this infliction of diflrefs is di- 
re61:ly levelled againfl: the fundamental principles of 
the government he love^, what mufl: be his indigna- 
tion ? — Are you, fir, juilified in your political intole- 
rance by the preponderance of the public fentiment 
in your favour ? The public fentiment is the refult 
of the combined fentiments of individuals. No indi* 
vid'ual, furely, can be found io vain as to aflert his 
own infalibility. If each and every man be liable to 
deception and error, the public fentiment, then, 
though aiming to be right, and though refpe<5lablc 
even in its errors, may neverthelefs fometimes be 
wrong, and '^ how fliould it be otherwife," exc aimed 
the ever to be venerated Washington, at a former 
period, in the depth of his folicitude for our welfare, 
" when no fl:one has been left unturned to imprefs 
on the minds of the people the molt arrant falfe- 



>3 

hoods ?'' But be not deceived : the public fcntiment 
cannot long continue in error : the people of the 
United States love their country and government, 
and whatever may be the iirength of the prefent 
delufion, with whatever art that delufion may be 
foflered, fo foon as a tendency in the principles and 
attachments of thofe who now plume themfelves on 
the public favour (liall be clearly feen, and pradtically 
evinced, as leading to the; deftru^tion of the energy 
of the government, and conlequently to internal 
anarchy and confufion, or to the proflration of 
our national dignity, and the facrifice of our inde- 
pendency to the all devouring ambition of a foreign 
nation, the great body of the people will recollect 
the adm.oniiions of their beloved Washington, 
that the toots and dupes of foreign influence may fome- 
times iifurp their applaufe and confidence to furrender 
their interests^ and they will return to their own 
federal and republican principles. Matter, it is hoped, 
fliali as foon ceafe to gravitate as the great body of 
the people of the United States ihall ceafe to cherilh 
the independence and felf government of their coun- 
try. 

Thus purfuing a courfe of political perfecution and 
intolerance inconfnlent with your own principles and 
profeilions, as proclaimed in your inaugural addrefs, 
irreconcilable with the honour and interell of our 
country, not juflified by the examples of your prc- 
deceflbrSj^difapproved of by the anticipations of thofe 
who advocated your enunciation as prefident^ and 
attempted to be fcreened only by a pafTmg cloud of 
public delufion, is that refped, w^hich all good men 
wifii to fee deferved by, and paid to thofe in autho- 
rity, to be expe<^ed by you, in return for fuch con- 
du(fl ? The federalifls, jufl greeted as brethren, arc 
infulted with the title of a political fect^ as if they 
were heretics deviating from the true faith, by the 



?4 

thief maglftrkte of the union, in a public tranfa^ion ! 
Thofe who think with you, fir or without knowing 
your real fentiments -.md principles, have been delu- 
ded into a fupport of you, are to be dchifively held 
in that fervice, by being taught to believe, that they 
are the only orthodox, and yourfelf the great chief 
of political orthodoxy! — Whatever might be the ex- 
tent of federal tolerance, did you even expert a filent 
fubmiffion ro fuch indignity ? The patience of Job 
was at length teazed into a reply, and thar not 
without tartnefs. /'>mid the admonirions of the mild 
and benevolent Author of the hriltian fyllem, of 
which it feems you have in thefe latter days become 
a great admirer, you might have found the follow- 
ing ufeful caution. 

*' Jud.^^e not that ye be not judged : for with 
what judgment ye judge, ye flra'l be judged, and 
with what meafure ye mete, it (liall be meafured to 
you again And why beholdeft thou the mote in 
thy brother's eye ; but confidcreft not the beam that 
is in thine own eye ? Or how wilt thou fay to thy 
brother, let me pull out the mote out of thine eye ? 
And behold! ab:am is in thine own eye!" — Should 
further inilrucSiion be defired, the original paiTage 
mufl be referred to. 

After the political intolerance (hewn by you, be 
not furprized, fir, if, in return, you fliall find your 
political principles brought to the (landard of the 
coni'itution, and there tested by reafon and the refult 
of experience; — be not furprized, if you fliall find 
the conduct of yourfelf and of thofe with whom you 
have been intimately connected, in oppofition to the 
pad adminiltration of the government of our country, 
recalled to the public confideration, and expofed in 
Bc w points of view ; — be not furprized if an inquiry 
fhall be made, what would probably be our prcfent 
condition had the wiflies of thofe who now boatl the 



J5 

public fentiment in their favour, been confulfed ? — - 
What would be that co dition had the counfcls of 
thofe, who nowaflumeto ihemfclves unerring politi* 
cal orthodoxy, been adopted in the difficult crifes 
through which we have palTed ? Ihat our govern-r 
ment has proceeded in the full tide of fuccefsful 
experiment, — that our country has been thus far kept 
free and firm, in dcfpite of a perievering oppoficion, 
in dcfpite of internal infurre^iion, ai d in defpitQ 
of foreign hoftility, encouraged, if not invited, from 
within, is the boaft of federalifm : nor can the ma- 
lignity of the denunciation of poWuc^l /ectari/??i obli- 
derate thefe fads, nor will the confeiTion of thefe 
fads, extorted, as it has been, by their own notori- 
ety, ceafe to be remembered by the virtuous citizens 
€f the United States, when the mills of prcieui 
djelufion (hall have pafled away. 

With the homage of all due refped, 
I am, Sir, 

Your fellow-citizen, 

TACITUS, 



LETTER IL 



T(7 Thomas Jefferson, E/qulre, Pre/tdrnt ^f tk^ 

United States » 

SIR, 

HAVING addreffed you concerning the incofifij* 
tcncies which appear between the principles and pro^ 
felTions exhibited in your inaugural addrefs of tha 
4th of March laft, on the one hand, and your fubfe- 
quent condud and avowals, on the other j and hav« 



i6 



ing referred you for admonition to afource, from the 
tenor of which you may pofFibly apprehend, that with 
what meafure you have meted unto others, it may be 
meafured unto you again, I am aware that you are 
ready to exclaim, — Behold ! " An ocean of calumny, 
*' under which it has been thought expedient to en- 
*' deavour to overwhelm my name." (<?) I am aware, 
that tofuch exclamation, thofe who have been prepa- 
red to facrifice the Conftitution, the union and the 
peace of our country to your exclufive elevation, will 
be ready to give all the weight and currency which 
are due to the complaints of injured and unoifending 
merit. But however your conduct may have jufdfied 
a refort to the principles of retaliation, your example 
will not be adopted as the rule and meafure of the an- 
imadverlions which are propofed to be fubfequently 
made upon your principles and conduct. The princi- 
ples and condudl of individuals, in their private rela- 
tions, are improper fubje^ls for public difcuifion ; but 
the principles and conduft of public men, as connect- 
ed with their public relations, which may materially 
afFeCl important public intereils, arefurely fair objeCls 
of free inquiry. Confidering the high llation, in 
wh'ch you (tand, your political principles and con- 
du6i: cannot be a matter of indiiference to thofe, who 
feel a jufl anxiety for the mod important interefls of 
our coimtry. It is not to you therefore in your indi- 
vidual capacity ; but to you as Chief Magi trate of 
the union, that the prefent addrefs is made. This ad- 
drefs you will perceive to be intended as a commence- 
ment of an examination of the political principles and 
conduct of yourfelf, and of others, connected with 
you in your political career, as manifelled in various 

(fl) See a letter from Mr. Jefferson, of the 9th of March, 
1 80 1, to a compiler of k Dictionary of Elegant EssajSj m the 
"Washiugton Federalist of July 22, i8ci. 



^7 

public, and well authenticated tranfa^llons. This ex- 
amination, to ufe your own language, %vill be proceed- 
ed in with deliberation and inquiry^ not however for 
the purpofe of doing injury to any man, and (lilllefs 
of doing injury to the best-, but fimply for the purpofe 
of diffufmg truth — of arraigmng at the bar of pub- 
lic reafn^ principles of dangerous tendency, and of 
unmaJlcing pretended patriotifm, " gilding its defigns 
with the appearances of a virtuous fenfe of obliga- 
tion, a commendable deference for public opinion, or 
a laudable zeal for public good," in order that it may 
more fecurely ufurp the applaufe and confidence of the 
people, and then feize on for itfelf, or furrender to 
others, their deareit interefts. 

General charges and harlh imputations, unfupport- 
cd by clear and fpecific facls, evince the fpirit of their 
authors, and not the guilt of thofe who are cenfured. 
You, Sir, in a letter bearing date at Paris, Nov. i8, 
17S8, which has fince been publilhed in a defence of 
your political chara(51:er, were pleafed to ufe the fol- 
lowing words, — '' I know there are fome among us 
*' [meaning the people of the United States] who 
*' would now eftablilh a monarchy ; but they are in- 
" confiderable in number and weight of character." 
(J),) In a note from you, addreffed to your prefent 
confidential Printer, accompanying a copy of Mr. 
Paine's Rights of Man for republication in America, 
you were pleafed to exprefs yourself in the follow- 
ino- words, — " I am extremely pleafed^ to find it will 
«'• be reprinted here, and that fomething is at length 
*' to be publicly faid againft the political herefies 
*' which have fprung up among us." {c,^ In your in- 
augural addrefs of the 4th of March lad, you wera 

(6.) See the National Gazette, September 29, 1792. 
(c.) See an cxiraft ef tl.is note prefixed to Paine'i Rights ©f 
Man, by Sarauci H. Smith, in i79t, 

€ 



i8 

plcafed to fay — " If there be any among us, wlio 
*' would wifli to diflblve this union, or to change its 
" republican form, let them (land undiflurbed as mon- 
*' uments of the fafety with which error of opinion 
*• may be tolerated, where reafon is left free to com- 
'' bat it." Why thefe general charges, if true ? 
Whence this difpofnion " ambigiias in i^ulgwn fpar^ 
gere i oces^' — to fcatter cenfure, without fpecification, 
among the ignorant ? If Sir, you knoxvi thefe things, 
as you affert you do ; is it not your duty, publicly 
to point out the individuals, and to fpecify the overt 
acfis, with all the incidents of time and place, necef- 
fary ro fix the treafonable defign ? Thus that judice, 
which is due to all, might be fully effected : the in- 
nocent would (land free from all fufpicion, and the 
guilty would be defi.nated, if any fuch there be, as 
Tnonuments, againfl which that public indignation 
might be levelled, which you now, by pretended for- 
bearance and promifcuous cenlure, endeavour to ex- 
cite againit all who refufe to become the fervileinftru- 
inents of your views and defigns. In fo long decli- 
ning to perform this duty, if in your power, are you 
not, in fa 61, guilty yourfelf of mifprifion of treafon 
againfl thofe very liberties of the People, for the fafe- 
ty of which you exprefs fuch extraordinary anxiety ? 
Is this declination to be attributed to humanity and 
benevolence ? Or is the charge itfelf to be attributed 
to a Tartar like fpirit, which conceives itfelf entitled 
to be adorned with all the virtues and great qualities 
of [hole, whole reputations it fliall have previoully 
murdered and deflroyed ? On thiii point. Sir, 1 lliail 
not attempt a dccifion, though the courfe of my en- 
quiries may probably furniih to others fatisfa6lory 
means of making ihat decifion. Wholly difregarding, 
Sir, your example, dial 1 at all times endeavour fo to 
conduct my enquiries, through the aid of fpecilic fa6l;> 
and references, as to exclude, all poliibility of injury 



19 

from promifcuous, indetermmate, or unwarranted an- 
imtidverfion. 

Is it for this, that a cry of ' an Ocean of Cahnu 
ny^* is to beraifed in every vain anfwer to every ful- 
fome addrefs of fycophaniic adulation ? Have you 
not. Sir, yourfelf fanflioned * the dilTufion of in- 
formation, and arraignment of all abufes at the bar 
of public reafon"? (:/.) If then, in the diffnft.rm of m» 
formation dangerous principles and reprehenfible con- 
du(fi: fliall be unveiled, and pain (hall be felt, when 
thofe principles and that conducl fliall be '' arraigned 
at the bar of public reafon," Iha'l thofe, to whom 
thofe principles and that condufl (hall be found to be 
fairly attriburable, foreilal the public iympathy by 
their anticipations of well-deferved animadverfion ? 
And fliall thofe, who arraign thofe principles and that 
condu(5l at the bar of public reafon, for the public 
good, incur the public indignation, becaufe the pain 
of convi6iion fliall be felt in confequence of the dif- 
fulion of information ? The good fenfe and the jul- 
tice of the American People never can fan :t ion fuch 
injuilice, however high may be the eminence, from 
which the bolt of that injuiiice may be launched. — • 
Shall thofe who, from difappointment or malice, have 
heretofore colle6i:ed loads of obloquy and heaped 
them upon the iiril: worth of our country, (e) Ih.Ji 

(f/.) See Mr. Jeffkr^^on's inaugural addrefs of Marc'i 4, 
i8oi. Appendix No- i4« 

(. ) *' I view the oppofition wliich tbe treaty is rcce ving from 
the meetings in difT rent pa is of the union in a \eiy fcr ou8 
ligiit : not becaufe there is more weight in any >£ the objeitio'is 
wh.ch are anadt- to it than vv^-^re foreseei: at firft ; for iheie are 
none in fome of tliem andgrofs mifreprefentations i others ; nor 
as it refpedls myfeif perfonally ; for this fh;dl have no ii.flaence 
©n my conduct, plainly perceiving, and I am accordingly pre- 
paring my mind for, the obloquy which difappnin'ment and ma- 
lice are colled\i*ng to heap upon my charader." — Lx:ract from a 
letter of General IVASHiNcro:^ to 3Ir, RANDOLPH, July 29,I7J)^« 
tSee RiVKSOLPii's vindication, p. 35* 



to 

thofe, who have marflialed every engine of de- 
traction againfl that worth, be the firll to raife a Hue 
and Cry on fuch an occafion ? True it is, fuch Hue 
and Cry may be raifed without any wider departure 
from confiftency, than what has aheady been exhibi- 
ted in a variety of inftances ; but Ihould it be raifed, 
thofe, who may be difpofcd to join in the cry, are en- 
treated to recoiled, what would be the proper an- 
fwers to the following inquiries ? 

Who was it that painted, to citizen Genet, cer- 
tain characters, (obvioufly the principal characters, 
with General Washington at their head, who 
were uprightly and zealouily engaged in the admini- 
flration of the government of our count.'-y, and in 
the prefervation of the public peace in the year 1 793,) 
as '' aristocrats^'*' — as *' partifans of monarchy^' — 
as " partifars of England,^* — and as ^^enemies of the 
pr'mciples of republic aniftri ?'* Who was it that paint- 
ed them, or fomc of them, as ^' afpirmg to an abfo^ 
lute power'*' Rx\d ini/iatcd citizen Gfi^et into 7iiystc- 
ries^' in order *' to inflame his hatred against them^* 
in confequence of the colouring then given to their 
characters ? (/) 

Who was it, that when fecretary of ftate of the 
United States, retained, as a clerk in his office, an 
editor of a newspaper, whofe conltant practice it was 
to ufher to the public view the moil virulent, abulive, 
and calumnious publications againil General Wash- 
ington, then prefident of the United States, and 
all who, (without f peaking in one way^ and acting in 
another ; without holding an official language and a 
language confidential^) fmcerely concurred in fup- 
porting his adminiilration, whilfl fleering the vellel 
of ftate in that difficult crifis, between the rocks of 

(/) See Citizen Genet's letter to Mr. Ji- ffehson, Septem- 
ber 18, 1793. Appendix, No. 5. 



21 

Scylla, on the one hand, and the whirlpools of Cha- 
rybdis on the other? (^) 

Who was it who wrote a famous letter to Maz- 

ZEi, in which all thofe calumnies were colle^ed and 

concentrated, not w^ithout fome of the ipecific ^xprcf- 

ftons of Veritas, who led the way amongfl the mod 

virulent of thofe calumniators ? — {]:) 

Is it for fcrvices rendered on that occafion, either 
as the author or foder-father of thofe calumnies, that 
the reputed author of Veritas has been rewarded 
with a profitable (tation under the government of the 
United States, at the expenfe, by removd^ of a me- 
ritorious and refpeflable man ? 

Was it nor the cuftom of the reputed author of 
the letter to Maxzei^ previous to its publication in this 
CQimtry^ whenever he pafled near Mount Vernon, to 
call to pay his refpefts to the great and good tenant 
of that manfion ? or, in cafe the urgency of bufmefs 
would not permit the call, to fend his compliments 
with an excufe for rhe omifion ? 

Did the reputed author of that letter, after its 
publication here^ ever call, or fend an excufe for the 

(/^) See the National Gazette, pafiim : particulaily the letters 
of Veritas. See alfo Randolph's Vindication p. 37 — '' In 
time, when paflion fhall have yielded to fober reafon, the current 
may pollibly turn, but in the mean while, this government, {-a. 
relation to France and Enghnd, reay be compartd to . a fhip 
between the rocks of Scylia and Charybdis. If the treaty is rati- 
fied, the partifans of the French (or rather of war and confufi- n) 
will excite them to hoftile roeafurea ; or at leaft to unfriendly 
fentiments, — if it is not, there is no forefecing all the toi.fequea- 
ces which rsay follow, as it r-fpefts Great Britain.*'- Extract of 
a letter from General fVAStiiNcroN to Mr. Randolph^ Ju'j 31, 
V795- 

{b) By recurring to the letters of Veritas, and attentively 
comparing them, in their ftyle, and evcii in fome of their fpecific 
cxpreflions, with the letter to Mazzei, doubts formery exilling 
will be rather confirmed than othcrwife, that the reputed author 
was nothing more than ?i foster-father indeed. 



22 

omifidn, during the remainder of the life of that illus* 
trious perfonage ? 

Who was it that, upon the receipt and pul^iication 
of the difpatches oi" General Pimckney, General 
Marshall, and Mr. Gerry, fo far interefled 
himfelf in behalf of the Aurora, as to write to his 
correfpondents in various parts of the country, foli.- 
clting their exertions in procuring fubfcriptions for 
that paper ; fugge^ling that it muft otherwife fall, on 
acco'jnt of its lofs of fupport, in confcquence of the 
diicJofures contained in thofe difpatches, and the 
notorious devotion of that paper to the dcfigns of 
France again ll our country ? 

In addition to that devotion, had not that paper, 
by its anonymous publications, been united in efforts 
\vith the letter to >' azzei, to heap obloquy upon "the 
man firfl in war, iirft in peace, and iird in the hearts of 
bis countrymen," when on the day of his retirement 
from public life, it profanely prefumed to ufe, in 
paniphraftic form, the exclamation of the good old 
Simeon, not becaufe the eyes of the editor had 
beheld otir govenvnent^ ihtii fo far continued in the 
full tide of fuccefsful e:<perimenl^ and our country fo 
far kept free and firm ; but becaufe they had beheld 
the day when the counfels of Waihington were to 
ceafe to guide in the adminillration of the affairs of 
our country ? (/) 

Had not that paper been ffrenuoufly devoted to the 
purpofe of endeavouring to affix to the charafier 
of that moil refpeclable of men, charges the mod 
bafe, the moil wicked, and the mod criminal, — Pecu- 
lation^ {K) when his hands had been forever clofed 
againfl: retribution in every form, for fervices above 
• iill cftimation, (/) — murder^ for having, in his youth, 

(i). See extraA from the Aurora, Appendix, No. i. 
\k) See the effays of tie Cal.u Obfeivcr m that paper, 
(/) See Appendix, No. 2. 



^3 

jdared to defend his country againft the infidlous 
defigns of France, (ni) — treafon, (for fuch is the true 
definition of the conduct of thofe who, at any time 
exe cifmg the powers of the government of our coun- 
try, may wifh to change its republican for?n^ and in 
that change may afpire to an abfolute power.) though 
he had defended that country againft the unjuftifia. 
bJe claims of Britain in war, and had given (lability 
to it by his counfels in peace ? {n) 

Had not that paper, from a period fliortly after 
the arrival of citizen Genet, become the general 
fink of calumny againft every thing held dear and 
facred by the wife and good I 

Was it for all, or for any of thefe things, that it 
merited its boafted patronage from fome " eminent 
in ftation under the government of the United 
Scates V {o) 

Who is it that, inftead of taking care that the 
laws be faithfully executed, has placed obftacles in 
the way of juftice, by reforting to nolle prof equis and 
remittiturs^ to fcreen the libellers of that government 
and the calumniators of Washington ? (/.^) 

(?«) See varIoa9 efTaya fn the Aurora, defigned for the purpofe 
of affixin;T this tiiarge upon General Washington, in confe- 
quence of his firit rrncoufiter 'v\ his youth, with the French and 
favagcs upon our weftern froniiers. 

(n) Fvir tRis charge fee the letter to Mazzei nnd the mnny 
amb!>juous infitiuations of Mr. Jei-i-erson, of which that letter 
may be confidrr^d as an explanatory index. 

(a) Notice having been received of the exertions made in the 
country, ar theinttance of Mr. Jkfferson, to procure new and 
additional fubfer'pii 'J s for the Aurora, a liint was given cf it in 
the Gazette of the United States, in the month of jui.e 1798,; 
upon which ih' re immediately came out in the Aurora an avowal 
and boafl of that patronage. 

(/^) F..r inflance, in the cafe of Duank, as to the former, and 
in the cafe of CALLii,XDJtii, as to \X\< latter. 



24 

Who IS ky according to the admifTion of his own 
confidential apologifts, has granted permiilion for the 
ufecf that naval force which was raifed, not without 
the mod ftreniious oppofition, for the prote6lion of 
the honour and interefls of our country, to the un- 
principled and impious Paine, another of the calum- 
niators of Washington ? {q) 

Was it to appeafe the manes of the illuftrious 
dead, for thefe various indignities, that numerous 
pilgrimages are faid to have been latterly performed 
to that venerable manfion which was honoured, in his 
hfe, with his fondeft predile6lion, as the afylum of his 
declining years ? 

Or was this purpofe intended to be effe£led by de- 
fignating him (who had, at the rifle of life and every 
thing dear to man, uniformly contended, in peace and 
in war, for the ancient, well tried, and eftabliflied 
principles of free government, and for the fundamen- 
tal maxims of approved polity,) as *' our firft and 
greateft revolutionary character," (r) — or by the invi- 
dious infmuation, that '^ his fervices bad entitled him 
to the firfl: place in his country's love, and delfined 
for him the faireft page of faithful hiilory ;'* as if his 
claim upon his country's love, or a flation in the fair- 
eft page of faithful hiftory, were foi'feited and no 
longer continuing titles ? (s) 

But, fir, it is unpleafant to dwell on topics fuch as 
thefe, however neceiTary fuch inquiries may be ren- 
dered, to diffufe information of the genuine charac- 
ters of fome who, while in profeffion they admit the 
propriety of the di;^ufion of information and arraign- 

(^) For ihc dlfgufting and fhameful prevarications on this fub- 
je£l, and the final and full acknowlegement, fee the Waftiiogion 
FedtialKl oi July 15, 2-4, 27, and 31, iSoi, citing the words of 
the National Intelligencer. 

(/ ) Sec Appendix, No. 8. 

(^) See Apiendix, No. 9. 



^5 

ment of all ahiifes at the bar of public reafon, attempt, 
by odious lligmata, to deter all from reforting to the 
acknowledged right of free difcuflion, whenfoever 
they fear that right may be exercifed to their own, 
7iot injury^ but difadvantage : — who, wliilft they ut- 
ter unfounded, general, and indifcriminate charges, 
of the highefl degree of criminality againil others, 
cry out, " Oceans of calumny !^^ whenever they dread 
a candid difcuffion of their own principles and con- 
ducft, upon fpecific fa£ls and evidences, too notorious 
to be contradicled or denied. Nay, facflrs and eviden- 
ces {o incapable of defence or palliation, that it has 
been fald, hopes have been expreifed, that friends, 
as a proof of their friend (liip, would be filent upon 
fuch topics. 

'* Puikt nobis kcec opprobria ohjici^ et non ^pntulsse refclli*^* 

Unwilling to dwell longer upon fuch topics, though 
far from being exhaufted, I (hall proceed, fir, to an 
examination of certain of your political principles, 
authenticated in fuch manner as to exclude all contro- 
verfy about their exiftence. 

The firil point, upon which I propofe to examine 
your political principles, involves a moft important 
obje£l, — the prefervation, or deitru^lion of the fun- 
damental barriers of theconftitution, placed between 
the legillative and executive departments of the go- 
vernment of the United States. 

That you, and thofe who are intimately connec- 
ted with you in your political career, have been long 
difpofed to bring into difcredit thofe barriers, and to 
render indiftin6i: the demarcation of powers between 
thefe mod efficient of the departments of the govern- 
ment, is a fafl which heretofore had not efcaped ob- 
fervation. It is notorious, that thofe, who have uni- 

* It is difgraceful tbat fuch things can bs fald and eannot b5 
conlradlded. 

I) 



26 

formly directed their exertions to the fupport of thofc 
barriers, in ftricl conformity with the letter and fpi- 
rit of the conflitution, have been aflailed for thofe ex- 
ertions by the moO: odious political defignations, and 
by charges of hollility to the principles of republi- 
can government. It is equally notorious, that at- 
tempts levelled again ft thofe barriers for their prof- 
tration, have been confidently affumed, as proofs of 
thefuperior, nay! of the exclufive republicanifm of 
thofe who have publicly dared to make thofe at- 
tempts. Evidences, evincing the truth of the fore- 
going pofitions, have been continually accumulating 
from the period, when the government was firft put 
into operation, to (what is feared to be) the inauf- 
picious moment of your prefent elevation. Yet, not- 
■withftanding what had previouily taken place, not- 
withftanding the apprchenfions which had been en- 
tertained of the courfe which your adminiftration 
might take in this refpedl, in order to enable you to 
efcape from the conftitutional refponfibility of your 
flation, and to throw the blame of your meafures, in 
cafe of unfortunate confequences, upon the people 
themfelves, by artfully pretending a commendable 
deference for public opinion, but purfuing, in reali- 
ty, a cover agaiiiil; that refponfibility, under the form 
of the guidance of their own reprefentatives ; it is 
acknowledged, that it was not without furprize, your 
inaugural addrefs was found to contain a dire£l avow- 
al of that courfe. 

" To you then, gentlemen, wdio are charged with 
the fovercign functions of legiflation, and to thofe 
aflbciated with you, I look with encouragement for 
that guidance and fupport which may enable us to 
fleer with fafety the veiTcl in which we are all em- 
barked, amidfl the conflifbng elements of a troubled 
world." 



^7 

Such, fir, is the language with which you clofc 
the firft fe^tion of your addrefs. It is too explicit to 
be miitaKcn. You, fir, being '' enounced accord- 
ing to the form of the conllitution" Prefident of the 
United States, to whom is confided the executive pow- 
er of the government.; the command of the public 
force, the condudl: of our affairs with foreign nati- 
ons, and the care that the laws be duly executed, look 
with encouragement for, or in other words, folicit 
not only that lupport and co-operation, which the 
conlUtution authorizes every chief magiltrate to ex- 
peel ; but the guidance alfo of thofe charged with 
the fovereign fundlions of legiilation. Can that guid- 
ance be looked for confnlently with the letter or fpi- 
rit of the conltitution ? 

My prefent letter being protracted to a fufEcient 
length it leems expedient to fufpend my purluit of 
this fubje(5t till my next. Accept therefore, in the 
mean time, my homage of all due refpeft. 
Your fellow-citizen, 

TAcnus. 



LETTER III. 



To Thomas Jefferson, Efquire, Preftdent of tlSt 
United States. 

SIR, 

IN my preceding letter I have faid, the expreill. 
ens ufed by you in your inaugural addrefs, on the fub- 
jeft of looking for guidance, were too explicit to be 
Hiiftaken : they fliil feem fo to me j but left there 



28 

fiioiild be any cavilling upon the fubje^, let ns exa- 
mine them with critical precifion. 

*' To you then, gentlemen, who are charged with 
the fovereign functions of legillation, and to thofe af« 
fociated with you, I look with encouragement for that 
guidance and lupport.'* 

- ^T/^g per [on looking^ and thofe leaked to^ for the ob-^ 
jecls fpecified, there can be no queftion about, upon 
the Highteft view of the foregoing terms. You, fir, 
are the looker for, and the two houfes of congrefs 
are thofe looked to : the obje£ls alfo looked for are 
equally unquellionable, guidance and fupport. — The 
only doubts which can poflibly rife in the cafe are, in 
what capacity, and for what purpofe are thofe ob- 
jecls looked for ? The conflitution, by giving power, 
exprefsly, to the congrefs of the United States, (in 
^vhom are declared tobevefted all legiflative powers 
granted by that inflrument) " to make all laws, 
which fliall be neceffary and proper for carrying into 
execution all powers veiled by the conflitution in the 
government of the United States, or in any depart- 
ment or officer thereof," unquellionably authorizes 
every pcrfon who Ihall be elected to the office of Pre- 
fident of the United States, to expect from that de- 
partment the fupport neceffary and proper to enable 
him to carry into execution the powers veiled in him 
by the conilitution> provided, according to the pre- 
cautionary expreiTions of the Senate, his official con- 
dilcl be dire<fl:ed' to the honour and intereils of our 
country. Hence it fecms to be fairly deducible, that 
*' the fupport looked for" by you, fir, is looked for, 
in your capacity of Prefuient of the United States, 
and for the purpofe of aiding you in that capacity, 
to carry into execution the powers veiled in you by 
'*he conllitution. 

The fame expreffions Vvdiich apply to the word ■ *y^/- 
porV^ previouily apply to the word "' guidance^' to 



29 

!v\^hich the word ^^ fupporf^ is itfelf an adjunct.-^ 
Hence it leems equally fair to infer that '' the guid- 
ance looked for"" by you, fir, is looked for in your 
capacity of Prefident of the United States and for a pur- 
pofe fimilar to that for which fupport was looked for^ 
with an allowance for the variation in the figniiication 

of the term itfelf ; to wit,/^?^ the purpofe of guiding you^ 
as Prefident of the United States , iti carrying into execution 
the po'Wers vefted in you by the confitutlyji. 

Do the fubfequent words " ivhich may enable us to 
fleer nvithfafeiy the veffel" in any wife vary the conflruc- 
•tion, above fuppoied ? If they do, — then the word 

*' IJy*. mult comprehend thofe charged iviih the fovereign 

functions of legifation^ as well as vourfelf, fir, who are 
charged with the fovercign functions of executive 
power. If this be the cafe, it then neceiTarily fol- 
lows, that thofe who are to be the givers of guidance 
and fupport are alfo to be the receivers. To admit this 
conftrudion, f^r, would be to charge you with abfur- 
diry, as well as inconfiilency, which furely neither 
yourfelf, nor any of your advocates will contend for 
or allow. The term " us''* then, in this cafe, can on- 
ly comprehend your own High Self, according to the 
ftile of certain auguft pcrfonages. 

Do the fubfequent words " in ivhich lue are all em^ 
harked amidd the confliBing elements of a troubled luorld''* in 
any degree authorize or require a variation in the 
foregoing conitruftion ? The latter expreflion, it is 
true, feems to generalize the thing. — The vellel, like 
an ark, feems to be laden, not only with him who 
has the charge of the helm, and thofe charged with 
the fovereign functions of legiflation ; but with the 
whole crew of the United States, clean and unclean, 

Exclufively of the conflderation of the variety of 
colours in the vifages of fuch a crew, and other in^ 
cidents^ not lefs material ; the former abfurdity flill 
remains, fo long as thofe charged with the fovereign 



3^ 

functions of legiflatloh remain a part of the crew : 
they, if they be any portion of " z^j/' to whom guid" 
ance and fupport are to be given, muft flill be receiv- 
ers as well as givers. Moreover, if the reft of '■' us^* 
are alfo to be comprehended amongft the givers and re- 
ceivers or either of them, fuch circumitance may lead 
to conclufions, for which perhaps we are not fully pre- 
pared. Can it be that our individual Joveretgnties 
and powers of feif-government, have entitled us, in 
defpite of our conceffions in the conftitution, to im- 
jnediate Ihares in the fovereign funflions either of le- 
giflation or executive power ? It is, however, to be re- 
membered, that we are on fliip-board, and what is 
more, in a ftorm, — '' amidft the conflifting elements 
of a troubled world." A mutiny, or aftiipwreck, 
jnay therefore, de faBo^ re-inveft us with thefe pow- 
ers : — in the former, the loweft is equal, if not fupe- 
rior to the highcft, and in the latter, all fubordinati- 
.on being at an end, each man becomes of courfe his 
own fovereign. (a) Finding then, fir, upon the moll 
critical examination of the terms ufed by you, no juft 
grounds for a change of conllruction, and in truth, 
all other conltruction being excluded, the quelHon re- 
curs, can that guidance, of which you have fpoken, 
be looked for by you in the executive functions of your 
.ftation, confiftently with the letter or fpirit of the con- 
ftitution to thole charged with the fovereign functions 
of legillation ? If there be any one principle clearly 
fixed in American polity, it is, that the great divi- 

{a) '' Necessities tvbicb dissolve a government do not convey 
Its authority to an oligarchy or a monarchy. They throw back 
into the hands of the people the powers they have delegated, and 
leave the as individuals to fliift for themlelves. A leader may 
offer ^ but not in^pefe himfelf, nor br impofed on them." — Notes on 
Vitginia. We have feen how t efe ihiwgs have been ordered in 
France h^tbe Flatterers of the People ; if we refufe !0 take warn- 
ing by their experience, we muft prepare to fubmit to ihcirfate* 



3^ 



fions of political power, legiflative, executive and ju- 
dicial, ought to be exercifed by feparate and dillin^t 
co-ordinate departments, as independently of each 
other, as may be compatible with the unity of go- 
vernment and the harmony of the whole. This ob- 
je£i: is avowedly aimed at in every exifting' govern- 
ment of the individual ftates ; with various fuccefs 
indeed in the refult, but in no inilance without a clear 
recognition of the principle. The conftitution of the 
United States, in conformity with this well approved 
maxim, fan^iioned by the public fentiment, divides 
the government into thofe three departments, and af- 
ligns to each, with fufEcient precifion, its rcfpe£tive 
powers and duties. 

Inftead of placing the executive department under 
the guidance of the legillature, even in matters of a 
legiflative kind, it has exprefsly fubjeded the legifla- 
tive power itfelf to the controul of the executive by 
the means of a qualified negative, requiring, whenfo- 
cver the ufe of that negative fliall be deemed expe- 
dient by the executive, that the will of the legiflature 
fliall not prevail, unlefs two thirds of each branch of 
that department fliall, upon deliberation, concur in 
their former decifions. 

Inftead of placing the executive department under 
the guidance of the legiflature, in matters of an exe- 
cutive nature, the conftitution has exprefsly made the 
Prefident of the United States refponfible for the due 
and faithful difcharge of the duties of the executive 
department, by fubjeding him, in cafe of failure, to an 
impeachment by the houfe of reprefentatives, one of 
the branches of the legiflature, and by rendering that 
impeachment determinable folely before the fenate, 
the other branch of the fame department. The dif- 
tribution of the powers and duties thus made between 
the legiflative and executive departments of the go- 
vernment, even if that diftribution refl:ed upon priu- 



3^ 



ciples of doubtful expedlenc}^ fo long as it regains 
its prefcnt conftitutional obligation, ought to be fa- 
credly binding on all ; efpecially on one, whofc pecu- 
liar and folemn oath of office binds him to ^'- prcferve^ 
protect^ and defend the conlTiiuiion,''^ 

If it be true, that ^'- qui faclt per al'nim faclt per 
fe'' (b) (and what truth can be more felf evident ?) 
muft it not neceiTarily follow, that a preiident of the 
United States who Ihall, in reality, fubmit himielf, in 
the executive funcSlions of his (lation, to the guidance 
of the legillature, mufl thereby become the fervile 
inftrument of the latter ? 1 he powers intended to be 
depofited by the conftitution with two of the great 
departments, as co-ordinate members of the govern- 
ment, to be by them feparately and diftinftly exer- 
cifed, thereby neceflarily become united and confoli- 
dated ; that union and confolidation efFe£lually defa- 
cing every previous line of demarcation ; the refpon- 
iibiiity which it was intended, by the conftitutlon, 
flioiild be peculiarly attached to the executi\^, be- 
comes diiTufed over the whole body of the legijlature, 
and by that dilFufion is neceilarily loft. Of little 
avail is it then, that barriers have been provided by 
the conllitution between thole departments : of little 
avail is it, that provifion has been folemnly made, in 
the power of impeachment, againll: the enterprizes of 
ambition and the fubverfion of thofe barriers, unlefs 
the public vigilance and the public fentiment guard 
and enforce the fanctions of the conftitution, and a 
juft indignation be pointed againfl: every attempt, 
knowingly made, whether fuccefsful or not, fecretly 
to fap or dire ft ly to overthrow thofe barriers. 



{o) '' He who 3(5^8 by another, afts by himftlf," — or in other 
words, whether a principal aft immediately by himfelf, or medi- 
ate !y by an agent, the authority is one and the fame, in tilher 



33 

If either branch of the legiflature, deluded by th^ 
vain idea of an increafe of its powers, through the 
addition of the dangerous prerogative of guiding and 
dire6^ing the executive, in the duties pertaining to that 
department, fhould be difpofed to accept the prof- 
fered guidance, the mofl ferious calamities might 
enfue, and, if remediable at all, not remediable until a 
diftant period. If the houfe of reprefentatives were, 
to accept the proffered guidance, v/ould they impeach 
their inftrument, who had flattered their vanity, by 
contributing to an increafe of their powers, for the 
diiiiftrous confequences of meafures of their own gui- 
dance, and confequently their previous approbation ? 
Can the fenate condemn without an impeachment 
exhibited ? If the houfe of reprefentatives were to 
remain found, and the fenate were to accept the prof- 
fered guidance, would it not be equally vain that 
an impeachment fliould be exhibited ? Would the 
fenate condemn one whofe meafures they had pi'evi- 
oufly guided, confequently approved ? The uniform 
teftimony of the hillory of human nature forbids the 
expectation. Whether then this guidance be accept- 
ed, in whole or in part, by the legiflature of the 
United States, if accepted at all, the confequences 
are equally inevitable. Whatfoever may be the mif- 
fortunes which may befal our country from meafures 
of an executive nature fo guided, the people mufl 
necefiarily be deprived, for a time, perhaps forever, 
of the advantages of that check, about the impor- 
tance of which lo much was faid heretofore, when, 
during the adminiftration of Washington himfelf, 
the chief juftice of the United States (who, by the 
conftitution, is required to prefide whenfoever a pre- 
fident fliall be impeached) was abfent, for a ihort 
time, upon an important public fervice. 

If, by an artful advance of this fort, a prefident 
of the United States ihd.ll be fuffered to proftrate 3 

£ 



34 

fundamental barrier of the conftitution, and thereby 
bring into one indifcriminate mafs the powers of the 
legiflative and executive departments, will not the 
refult too probably be, whatever may be the inten- 
tion, to throw our country into a ftate of convulfion? 
If fuch attempt fliall fail of that refult, through the 
rejection of the legillature, ought it flill to pafs, not 
only with impunity, but even without any mark of 
public indignation fet upon it ? Under a continual 
cxpofure to the enterprizes of defigning and ambitious 
men, unawed by appreheniions either of danger or 
indignation, what is to be the continuance of our 
republican fyftem, and the duration of all the im- 
portant obje£ls of its inflitution ? 

But perhaps it may be faid, why thefe anticipa- 
tions of evil in profpe£live ? Is it becoming to fuppofe, 
that the legiflature of the United States, or either 
branch of that body, will accept this proffered gui- 
dance, or, accepting it, will exercife that guidance 
in fuch manner as may prove calamitous to our coun- 
try ? I wifh, fir, not to be deficient in due refpe61: to 
to any ; but it has already been the boafl of thofe 
■who triumph in your elevation, that a majority will 
be found in one, if not in both, of the branches of 
the legiflature of the United States, whofe fentiments 
will be congenial with thofe profeiTed by yourfelf : 
and public report has done much wrong to the heads 
of fome of your affiftant departments, if they have 
not been already moft indecoroufly engaged, as 
agents of eledlioneering intrigue in different parts of 
the union, for the purpofe of fecuring thofe majori- 
ties — a precedent fuch as has neither been feen nor 
heard of before, in our country, from the origin of 
the government till the prefent period. Can it be, 
that upon an expectation of the exiflence of fuch ma- 
jorities many of the extraordinary afts of your admi- 
aiftratioa have been hazarded, into which, from 



35 

their intrinfic impropriety. It fliould feem no man, 
poffefTing a found underltanding, whatever the wifli- 
es of his heart may be, would have adventured, 
unlefs upon a prefumption of being fupported through 
all meafures, right and wrong ? But whatever may 
be the purity, nay, fir, permit me to add, whatever 
may be the wifdom which may be found in numerous 
bodies, fuch as thofe of either of the branches of the 
leglflature of the United States, they are incapable, 
in the nature of things, of exercifing a guidance in 
the affairs of the executive department, without 
bringing on our country the calamities which have 
been anticipated. To the limits of their refpe(5live 
powers, as marked in the conflitution, each depart- 
ment of the government, it is beheved, can go with 
fafety and advantage ; but beyond thefe limits, the 
maxims of wifdom, founded on the experience of 
every country, warn us, that incalculable dangers 
await us. 

1 fhall fay nothing at prefent, fir, of your motives 
and views in this folicitation of guidance, and prof- 
fer of fubmifTion ; but what has been the uniform 
tendency of fuch guidance, I hold myfelf free to 
inquire, and your perfect knowledge of that ten- 
dency, I hold myfelf free to demonffrate. If thefe 
things fhall be fully accompliflied, your fellow -citizens 
will be enabled, each for himfelf, to form fatisfadlory 
conclufions concerning )^our motives and views. Left, 
however, it fhould feem, that I have attached an un- 
due importance to your expreiTions of looking with 
encouragement for guidance to thofe charged with the 
fovereignfundions of legijlation^ I fliall take the liber- 
ty of reviewing fome of thofe evidences before 
alluded to, which had induced apprehenfions of the 
courfe your adminiflration would take, previous to 



S5 

your declaration in your inaugural addrefs. This 
review will be commenced in my next letter. 
Accept my homage of all due refpe^i:. 
Your fellow-citizen, 

TACITUS. 



LETTER IV, 



To Thomas Jefferson, Efqidre^ President of the 
United States, 

SIR, 

IN my laft letter addrefled to you, I took the li- 
berty of propofmg, rbefore I fliould proceed to the 
attempt of demonftrating the tendency of the guid- 
ance looked for by you, and left it fliould be fuppo- 
fed, I had attached an undue degree of importance 
to the expreffions ufed by you,) to reviezu feme of the 
evidences^ which were ftated to have been accumula- 
ting from the period when the government was firft 
put into motion, to the inaufpicious moment of your 
prefent elevation, of a difpolition fuppofed to exift to 
bring into difcredit the barriers eftabliiled by the 
conftitution between the legiflative and executive de- 
partments of the government of the United States, 
and to render indiftinch the demarcation of powers 
between thofe departments. This, fir, is a painful 
office ; but it is made the duty of fome citizen, who 
feels a fincere folicitude for the happinefs of his coun- 
try : without pretending to talents or information, 
equal to the talents or information of many others, 



,37 

to capacitate me for this undertaking, without claim^ 
ing a fuperiority, yet unwilling to concede an interi- 
ority of zeal for that happinefs, / ineet the duty as 
fuCh. 

Let us then commence with the commencement of 
the government, and, after a momentary view of the 
conftrudlion then made of the relative duties of the 
legiflative and executive departments, let us proceed 
with a review of thofe evidences. 

General Washington, in his firft addrefs deliver- 
ed to congrefs at the iirfl feffion held under the pre- 
fent conflitution, I find to have expreffed himfelf upon 
this fubje6i: in the following manner. 

^^ By the article, eft ablifhing the executive depart- 
ment, it is made the duty of the Prefident, (faid he, 
repeating the words of the conflitution) ' to recom- 
mend to your confideration luch meafures as he fliaii 
judge necelTary and expedient/ The circumflances 
under which I now meet you, will acquit me from 
entering into that fubje^i: farther than to refer you to 

THE GREAT CONSTITUTIONAL CHARTER, Under 

which we are alTem.bled, and which, in defining your 
powers, defignates the objects to which your atten^ 
tion is to be given." 

What, fir, can be further from folic! ting guidance ? 
Does the great conftitutional charter, to which he 
then referred the legiflative department, contain any 
thing concerning the guidance of the Prefident, in 
the executive fundlions of his flation ? The legifla- 
ture, it is true, have power to declare war, — to de- 
clare when letters of marque and reprifal may be if- 
fued, and to enafllaws, in aid of the laws of nations^ 
where, by the latter, offences or their punifhments 
are not marked with fufficient precifion ; but does it 
follow from thence^ that the guidance of the execu- 
tive, in duties properly of an executive nature, can 
be exercifcd by the legiflature ? The Prefident, it ap- 



38 

pears. Is required to recommend to the conCderation, 
of congrefs fuch meafures as he may judge neceflary 
and expedient ; but where are we to find any thing 
like guidance in return ? The obje£ls of his recom- 
mendation, being addreffed to the legiflature, muft 
obvioufly be directed to their legillative deliberation. 
*Thv i ifonnation alfo, which he is required to give, 
from time to time, of the ftate of the union, has as 
little to do with legiflative guidance in executive 
duties. The flate of the union being known, it is' 
the duty, as it is within the power of congrefs, to 
make the provifions neceffary and proper, to enable 
every department and officer of the government to 
fulfil the duties of their flations refpeftively. Such 
feems to have been the conftruQion of General 
Washington and of the different branches of the 
legiflature at that period, when the conftitution was, 
as it were, yet recent from the plallic hand of many 
who were then deputed to a6l under it. The co-ope- 
ration of all., each within the limits of conilitutional 
power and duty, feems to have been the ultimatum 
of expedlation on every part ; mutual pledges there- 
fore for that co-operation, and not for guidance, 
were exchanged between the executive and the dif- 
ferent branches of the legiflature. (a) It cannot, 
however, be denied, but that the propriety of this 
idea of the conilitutional independence of the differ- 
ent departments was, even at that time, contefled by 
fome. There were then, as there now are, and for- 
ever will be, fome who, arrogating to themfelves a 
pre-eminence in republicanifm, become the advocates 
of principles (the difgrace of the republican name) 
continually leading to anarchy and confufion. Nei- 
ther the benevolent cautions of wifdom, nor the 



{a) Sec the aiifwers of the two houfes and the replies of the 
prefident. 



39 

4wful warnings of experience, can cure fuch political 
empirics of their infatuation. 

The firft evidence of a fpirit hoflile to the barriers 
of the conftitution, of which I fhall take notice, 
occurred during the firft fefTion of the firft congrefs 
under the prefent conftitution. By recurring to the 
journals of the houfe of reprefentatives of that feilion, 
it will be found, that, on the i8th day of Auguft, 
1789, a variety of propofitions, faid to be for amend- 
ing the conllitution, were offered to the houfe; that 
a motion was made, that thofe propofitions be fub- 
mitted to a committee of the whole houfe, to whom 
had been referred certain amendments reported by a 
fpeclal committee ; and that among the propofitions 
then offered was the following, to wit : 

" Art. 2, fee. 2, claufe i. — Strike out the words — ■- 
be commander in chiefs and infert — have -power to dU 
recl^ agreebly to law, the operations J^ 

This propofltion, had it been adopted, would have 
caufed the claufe which now declares that " the pre- 
fident fliall be commander in chief of the army and 
navy of the United States, and of the militia of the 
feveral flates, when called into the actual fervice of 
the United States/' to run in the following terms:— 
The prefident fhall have power to direct^ agreeably to 
law^ the operations of the army and navy of the 
United States, and of the militia of the feveral flates, 
when called into the adlual fervice of the United 
States. 

This propofition, with thofe accompanying it, was 
denied even a reference to the confideration of the 
the committee propofed : with fo little refpe^l were 
fuch ideas then treated. Had the change contem- 
plated been adopted through every requifite formality, 
it would, even then, have made the prefident in part 
only what, fir, you now propofe, without any for- 
mality, to make him in the whole \ the fervile inliru- 



40 

iTient of the legillature. From what fourcc this 
propofitioii for an amendment, as it was called^ had 
originated, adequate information is not poffeiTed for 
a deciilon ; but that you, fir, had your full lliare in 
exciting the rage for amendments, as they were called, 
which prevailed at that time, is now pretty well 
underftood : and from your prefent difpofition to 
place the executive functions of your Ration under 
the guidance of the legiflature, a ftrong prefumption 
arifes of the fource from which that particular pro- 
pofition then emanated. 

The next appearance of this fpirit was in the form 
of an attempt io excite dilTatisfa6"Lion at the condu£l: 
of General Washington, in ilTuing his proclama- 
tion of neutrality. You well knov/, fir, the argu- 
ments ufed to induce him, at that timx, to fubmit 
himfelf, in the duties of his flation, to the guidance 
of the legiflature ; but he, being fatisfied that our 
country was not bound to become a party in the war, 
refilled every infidious artifice to induce him to call 
together the legiflature before the ufual period, and 
took his courfe, in the mean time, at his own refpou- 
fibility. The wifdom of the meafure was proved by 
the ifiue : the delay gave Citizen Genet time to 
expofe his own character, and the tendency of his de- 
figns. His difcontent, however, and that of his fe- 
cret CO operators, were in proportion to the difap- 
pointment of their hopes in the advantages, looked 
for, from the intrigues of fuch an agent with a nu- 
merous body of men, where characters of great va- 
riety mud necelTarily have been found. The exer- 
tipns made on that occafion to bring General Wash- 
ington under the guidance of the legiflature, (who,, 
it was hoped, might again be guided by Citizen Ge- 
net) having failed ; the proclamation of neutrality^ 
•was attacked : that, and the character of him by 
"whofe authority it was iflued, were attempted to 



41 

be fligmatized, by giving to that inftrument the de- 
nomination of a royal proclamation. The virulent 
abufe of Veritas was brought forward and the i^- 
fidious fophiftry of Helvidius was plied, in order to 
difcover what impreffions could be made (by open af- 
fault or fecret undermining,) on the public mind. — 
The unworthy duplicity, pra61ifed on that occafion, 
mud' forevei* refle£l the greatefi: diflionour on thofe 
guilty of it ; but this fubje^t deferves to be handledi 
more fully than the prefent occafion feems to admit of. 
Let us therefore proceed to the fucceeding appear- 
ances of this refllefs, and it is to be feared, fatally 
mifchievous fpirit. 

Its next appearance was in the form of difcontent, 
at the nomination of Mr. Jay, as envoy extraordinary 
to Great Britain. The circumftances, under which, 
that nomination was made, deferve to be briefly re- 
capitulated. — War having been declared by France 
againfl Great Britain, ftrong fymptoms of refentment 
and antipathy againfl. the latter, and of violent pre- 
judices in favour of the former, had been exhibited 
on various occafions and in different quarters of the 
United States. Perhaps, indeed, even that depart- 
ment of our government, which was charged with 
the conduct of our affairs with foreign nations, had 
through inadvertence, certainly without unfair Adiigxi^ 
ventured into meafu^es with regard to France, the 
ftri^l compatibility of which with the duties of neu- 
trality was not entirely free from queflion : — the an- 
ticipation of the inflalments of our debt to France, 
obvioufly ferving to alleviate her difficulties, brought 
on her by a war declared by herfelf, and the permif- 
fion of the fale of her prizes, without previous re- 
gular condemnation, in our ports, — neither fupported 
by prior ftipulations, and the latter unauthorized by 
the practice of France herfelf, or the laws and ufa- 
ges of nations generally, afforded at kail a pretext 



•4^ 

for dirratisfavf^ion. Britain, poffibly from a combi- 
ned view of all tliefe circnmRances, calculating up- 
on our being drawn into the vortex of war on the 
lide of France, had ilTued her famous inftru^lions, 
authorifing the capture of American bottoms, and 
the carrying them mfor adjudication. Under thefe 
infi:ru(5lions, captures to a great amount were made, 
and condemnations, whether authorifed or not, fol- 
lowed. Notwithftanding the evidences of favour, 
which had appeared in behalf of France, founded on 
the prefumpeion, that flie had, in good faith and in 
conformity with her^ profeiTions, abandoned her for- 
mer ambition, and dangerous defigns of aggrandife- 
ment, and that ihe intended nothing but her own in- 
ternal reform, and a jull: refinance againfl theinterfe- 
-rencc of others : it was neverthelefs certain, that the 
great body of the confiderate and refpe^lable of our 
.countrymen, in conformity with the proclamation of 
the Prefident, were anxious to preferve an impartial 
neutrality. But this conduct of Britain, apparently 
difregarding the pacific difpofition manifcfted by our 
•government, and the well known willies of the foun- 
der part of the nation, well nigh threw our country 
into a flame of general indignation. Amidfl: this 
ferment, certain propofitions, the refult of honefl 
indignation, but nurfed and promoted by infidious 
defign,, were brought forward in congrefs, which, 
though not amounting to a declaration of war, it 
.was eafy to be forefeen, if adopted mufl inevita- 
bly terminate in war. The controverfies of nations^ 
•however commencing, mull ultimately be fettled by 
the principles of the lavv^s of nations : whatever there- 
fore miay be tlie injuries which one nation receives 
from another, and however inconliflcnt, in point of 
mode may have been the commencement of thofe in- 
juries, with the principles which ought to regulate 
Jlhe intercourfe of nations j yet it has been Icldom" 



feen, that the injured nation has* derived any advan- 
tage from abandoning the accuflomed forms of pro- 
cedure on fuch occafions. Thefe forms required of 
us, on our part, a demand of fatisfdci:ion, before a re- 
courfe to the lafl: horrid refort. General Washing- 
ton, under thefe circumftances, anxious to prefervc 
our peace as the means of our rifmg profperity, — anx- 
ious to throve every portion of blame from his coun- 
try, in cafe v/ar fliould at lafl be found to be unavoid- 
able, thought proper to arred: the proceedings in con- 
grefs ; which, by their precipitance, tended to en- 
danger our peace, whilO: yet by poflibility that peace 
might be capable of prefervation, without a facrilice 
of national honour. He therefore nominated an en- 
voy extraordinary, to make known our fenfe of the 
injuries which we had fuftained, to demand a ceiTa- 
tion from further injuries, and to claim compenfation 
for tbofe which had been fuiTered. The meafures 
which were then contempkited in congrefs and which 
were thus arrelled, though not within the ufual prac- 
tice of. nations, are fuppofed not to have been abfo- 
hitely without the limits of the legillative power : 
the means by which they were arreited, were clear- 
ly within the conflitutional limits of the executive 
power. The only queflion therefore which ought to 
have arifen on the occafion was, which courfe was 
more truly conformed to found wifdom and policy. 
But the difcuffion of this point iluisfied not thofe, who 
above all things wiihed to precipitate our country in- 
to war, and thereby to com.pel us to make a coimnon 
caufe With France : they reprobated the meafure, not 
only upon the fcore of wifdom and policy, but they 
ailerted alfo, that it was inconfn1:ent with conflituti- 
onal propriety — When one department, it was faid, 
and that too confiding of the immediate reprefenta- 
tives of the people, had, as it were, pre-occupied a 
iubje<5l, it was altogether inconfiftent with the rel^- 



44 

tions which ought to exift between the dcpartmnts, 
for another, and that too the executive, to (tep in and 
fuperfede theirdefigns. — Much abufe, in confequence, 
was fhowered down on the reverend head of the pre- 
ferver of our peace and the father of our national 
liberties : but the independence of his conduct fet a 
glorious example to his fuccefibrs and will forever do 
him honour with all independent men ; however it 
may feem to thofe, who, fhrinking from the refpon- 
fibility of their ftations, woula fam place themfclves 
under the guidance of others. The wifdom of this 
meafure has alfo been proved by the event. Let thofe 
•who doubt it review the conditions of thofe nations, 
v/ho have been drawn mto the war, and honoured as 
the allies of Trance. 

The independence difplayed by the executive on 
this occafiouj convinced "•' the friends of France or ra- 
ther of war and confufion," that they had nothing to 
exped favourable to their defigns, lb long as Wash- 
ington Ihould continue the Chief Magiftrate of the 
union ; unlefs fome means could be deviled for de- 
ilroying the balance of the conititution itfelf. For 
this purpofe therefore (it feems at that time to have 
been decided) the people were to be addrelfed in the 
moft flattering manner : they were to be told contin- 
ually, that the houfe of reprefentatives were more 
peculiarly their reprefentatives than any other part or 
branch of the government ; and confequently the only 
republican part of the conititution : — that the exe- 
cutive in particular was, in its nature, elfentially 
anti-republican, that it was already too (trong for the 
republican parts of the conititution, and confequently 
that it muft l:)e hoflile and dangerous to republican- 
ifm, unlefs it could be reduced, l:>y voluntary fur- 
render, or otherwife, to a Itatc of guidance under 
thofe charged with the fovereign functions of legif- 
jation. By fuch means it was hoped the public af- 



4S 

feSilon and confidence mlgjit be withdrawn from the 
fupport of an independent executive, and a prepon- 
derating influence, deftrudive of all balance, ulti- 
mately thrown into the fcale of the houfe of repre- 
fentatives. From that period therefore a determina- 
tion feems to have been taken to make the befl ad- 
vantage of this principle, on all opportunities that 
fliould fubfequently be prefented. The negociations 
and treaty of Mr. Jay, as being a fequel of the fame 
bufmefs, feem to have been preferred for the fird at- 
tempt. A refolution, we know, was propofed and 
unfortunately carried by the concurrence of many, 
who, it is believed, if they had clearly feen through 
the defign, would have reie6ted it with indignation. 
The oflenfible ob)e<5l: of this refolution was to obtain 
a view of the initru^lions given to Mr. Jay, and of 
the correfpondence during the negociation, as if any 
information to be derived from thence, could enable 
thofe, who defired it, more fagely to make provifions 
for carrying that treaty into eifed. The real objed 
of that refolution was obvioufly to eftablifli a prece- 
dent for interference and control, which you, fir, are 
pleafed to term guidancey in the pov/ers and duties 
of the executive department. The papers demanded 
are faid to have been previoufly accelTible to, and to 
have been a<Sl:ually iccn and read by thofe, who were 
mod: ftrenuous in fupporting the refolution : if thii 
be fo, information could not have been needed. Much 
pains had been previoufly taken to excite all polTible 
odium againft the treaty and every thing connected 
with it : thefe exertions, it was hoped, would aid in 
conciliating the public fentiments to this attempt of 
ufurpation. But the (Irong good fenfe, and the irre- 
futable reafoning and proofs contained in the anfwer 
to that requifition, confounded the machinations of 
thofe, who had thus infidioufly defigned the fubver- 
lion of the conflitutional independence of the execu- 



46 

tive department. As a complete antidote, fir, to 
your folicitude for guidance, I take the liberty of re- 
comnending that co^nmunication to your farther con- 
fideration, and to the confideration of my fellow-ci- 
tizens generally. 

One further abortive attempt, however, was made 
during the adminiftration of (general Wasfiington, 
in purfuit of this obje61:. That attempt, as a dernier 
eiFort, \A'^s as bold as it was unprincipled. It affert- 
ed, in defiance of the exprcfs provifions of the con- 
ftitution, nothing lefs than that a negative upon all 
treaties, which required appropriations to carry them 
into effeft, neceflarily refulted to the houfe of repre- 
fentatives, without whofe afient it was pretended no 
fuch treaty could acquire complete vaHdity. 

That no aft of appropriation for carrying a treaty 
into effecl can be palled without the concurrence of 
the houfe reprefentatives is unquellionabiy true : it 
is equally true, that no aft of appropriation can be 
pafled for paying the fixed falaries of the prefident 
or the judges, or for difcharging the moll: julf and 
acknowledged demands againit the public, without a 
fimilar concurrence : but Is It to be inferred from 
hence, that the conflitution intended to render " the 
executive and judiciary dependent on the houfe of 
reprefentatives for their fubfilfence In office,'' or 
that the American people could ever have intended, 
by any aft, the eftabliihment of a power in our 
country, with authority to fet at naught the eternal 
relations of jullice ? The phy Ileal power to refufe a 
concurrence for fuch objefts, like every other power 
to do wrong, unqueflionably exills ; but it is a power 
which cannot be exercifed confix tently with jiillice or 
good faith. If this concurrence may, with pro- 
priety, be withheld in any one cafe, in defiance of 
' of juftlce or good faith, it may obvioully, in all in- 
rianccSj be converted from armour limply of a defeii- 



47 

five Jl^nd agalnft arbitrary power (its true arid origi- 
nal nature) into weapons of the mofl dangerouily 
offenfive nature. Thu5 armed, the legillature, or 
even the houfe of reprefentatives alone, a branch of 
the legillature, by alTuining the difpofition of a be- 
fieging army, might fet themfelves down around the 
other departments of the government, and by refuf- 
ing to concur in neceiTary appropriations, they might 
flarve the executive, the judiciary, and every branch 
of the government into fubmiiTion and compliance 
with their particular views and defigns, unlefs the 
public fentiment Ihould compel them to raife the {icgc* 
They might, in conformity with fuch prindples, con- 
centrate all powers in their own hands, to be dealt 
out by thofe under their fpecial guidance, or, as an 
only remaining alternative, horrid indeed ! but not 
more horrid, they might compel a diflblution of the 
government and of the fecial compad. 

To counteract and check this difpofition, which 
was thus manifefled during his adminiflration, was 
one of the obje6ls which the firll of prefidents had 
mofl at heart, as being of infinite importance to our 
future peace, order, and good government. He 
faw clearly through the capacity of this principle for 
working mifchief ; its addrefs to the paiTions, under 
the plaufible pretext of promoting the power and 
importance of the people ; and its inevitable tendency 
" to create, whatever the form of government, a 
real defpotifm."** When about to retire from public 
life, he therefore made it one of the objedls of his 
folicitous admonitions to us on that occafion. 

Would to Heaven, fa-, for your own honour and 
for our happinefs, that you had more fludied and 
refpefled the example and the precepts of this great, 
and what is more, of this good man ! In that cafe, 
your fellow citizens would never have fufiered the 
Kiortificadon of being witnefles to an invitation to 



4& 

ufurpatioB, by a proffered furrender of the indepen- 
dence of your official ftation. In that cafe you would 
never have fought popularity at the expenfe of right 
principles. He was accuftomed to fay, " there is but 
one ifraight courfe in the thefe things, and that is to 
feek truth and to purfue it fteadily.'^ *' Honefly" 
too, he would fay, *' is the bell policy." There 
needed for you, fir, in addition to what you poiTelTed, 
nothing more than a due degree of real modefly, of 
candour, of liberality of mind, and of good inten- 
tions, (b) to have opened to you the faireft field of 
honourable fame that ever was prefented for eafy 
gathering. 

The principles of your immediate predeceffor, for 
•whom you heretofore profelfed fuch high refpe6t, 
and the occiuTences during his adminillration, rela- 
tive to this fubje^l, muil be poflponed till my next. 

Accept, Sir, in the mean time, my homage of all 
due refped.. 

Your fellow-citizen, 

TACITUS. 

(/5) Thefe qualities are fuppofed peclXary to imply ibe exift- 
ence of real worth, from which, as from their fole fource, they 
can only proceed. 



49 
LETTER V. 

To Thomas Jefferson, EfqiiirCj Prefident of thi 
United States, 

SIR, 

YOUR Immediate pred^cefTor in office, to whofe 
talencs and integricy you have borne the mofl public 
teftimony, [a) was early diliinguifhed by his exer- 
tions in our firfl advances towards a ftation among 
the independent nations of the earth. At that period, 
being under an impreffion, that " lefs of danger was 
to be apprehended from the formidable power of 
fleets and armies which might be brought to aft 
againd us, than from thofe contells and diffenfions 
which might arife concerning the forms of govern- 
ment to be inftituted over the whole and over the 
parts of this extenfive country," [b) he feems to have 
formed the generous defign of reviewing the political 
hiilory of every (late and nation from which indruc- 
tion might be gleaned, for the advantage of his 
countrymen. Taiving the recommendation of Bacon 
and the example of Boyle, in tracing the philofophy 
of material nature, for his dire(fi:ion, in tracing the 
philofophy of man and government, (1 hope I may be 
pardoned for the expredion) he rejefted all vain theo- 
ries, and confined himfeif to the aftual experience of 
mankind. The refult of his immenfe labours and 
patient indudry may be feen in his " Defence of the 
Consfitutio/is of Government of the United States of 
America'* — a work in which the great and edential 

[a ) Spc Mr. Jefferson's inaugural addrefs of March 4, 
1797. Appendix No- 13. 

(Jb.) See Mr. Advms's inaugural addrefs, March 4, 1797. 
Americaa Scuator, vil, 3. p. 7S0. 



5^ 

principles of all free government are explained and 
enforced by reafon, illuftrated by proofs and exam- 
ples, and maintained with an honeft independency of 
ientlment and foundnefs of judgment, that do great 
honour to the author. To this work, as to a vail 
repertory of valuable inflruclion, the grave and the 
confiderate, whilil: pondering on the raofl important, 
interefts of mankind, will have frequent recourfe, 
when the " Notes on Virginia/' with all their tinfel 
beauty, fliall be confidered but as the idle prolufions 
of vanity, unlefs indeed by thofe, and fuch as thofe, 
fo judly characterized by the old farcailic bard, in the 
following lines : 

Cedo qui veftram rempiibllcam tantam ann'fistis tam cito ? 

Pi-ovent2b<int orarorcs novi ftulti, adolcscentuli. (r) 

Among the various principles illuflrated and efla- 
bliilied in that valuable work, none is more dwelt 
upon, or is rendered more obvious, than the neceiTity 
of a balance of the intereils and powers naturally and 
neceffarily exifling in every fociety and alfemblage of 
men, to the peace and happinefs of the whole. This 
is laid down by him, as the bafis of all moderate and 
free government, and is unquefiionabiy fo. The 
neceility of an executive, maintaining its authority 
with an eredl independence, is at the fame time 
demonftrated, not only as it relates to the fupport, 
but even to the exiitence of that balance. The 
conftitution of the United States contemplated, 
without quedion, the eliablilhment of fuch an exe- 
cutive, and not one which was to betray the trufl 
confided to it, by a fubmiiTion to the guidance of 
thofe charged with the fovereign fundlions of legiila- 
tion. 

In what manner the duties of that flation had been 
difcharged by General Washington, when its 

(c) See Appendix, No. lO. 



5' 

independence was attempted or afTailed by fa^Ion or 
infatuation, we have already feen : it remains to 
trace fome of the further abortive attempts of that 
fpirit, during the adminillralion of his fucceflbr, and 
your imm.ediate predecelTor. 

Shortly after Mr. Adams had been called to the 
chief magifiracy of the union, information was re- 
ceived by the government, that France had come to 
a determination not to acknowledge or receive ano- 
ther rainider plenipotentiary from the United States, 
until after a redrefs of grievances demanded of the 
American government, which it was pretended the 
French government had a right to expeft from it. 
The French government had previoufly difcontmued 
their own miniller to the United States, without a 
clear and confiitent explication of the nature and 
extent of their own demands and expetTuations. Such 
declaration, therefore, on the part of France, and 
under fuch circumitances, amounted, in eifeft to a 
declaration of war : for when one nation thus declares 
its high dilTatisfiiflion with another, and precludes all 
means of explanation, it mud be confidered either as 
abandoning what it claims, or intending ro purfuc 
that claim by force of arms. The manner of the 
declaration, as well as the general fpirit by which 
that nation was aftuated, forbade the fuppofition of 
an abandonment of claim : hoflilities, tlierefore, werQ. 
the only rational inference that could be made. 
Such inference we unqueliionably had a right to 
make, nor was it difproved by fubfequent events. 

In this extraordinary (late of things Mr. Adams 
called congrefs together ; he laid before them the 
ftate of the union, and of our relations with France ; 
and in order that his general intentions might not be 
unknown to thofe whofe duty it was to co- operate 
with him, and to place their country in a ftate of 
preparation to meet the approaching crifis, he 



5^ 

thought proper to (late, that notwithftanding the in- 
dignity offered to our country, it was his determina- 
tion, " in comformity with [he general defire to pre- 
ferve peace and friendlhip with all nation>, to inftitutc 
a freih attempt at negociation," and to endeavour 
*' to promote and accelerate an accommodation, on 
terms compatible with the rights, duties, interefls and 
honour of the nati( n." He was pleafed to add (what 
to be fure mu(t have been undtrflood, if not expref- 
fedj that if we had committed errors and thefe could 
be demonftrated, we fhould be willing to correct 
them : if we had done injuries, we fliould be willing 
on convi<5lion to rcdrefs them ; and equal meafures 
of juflice we had a right to exped from France, and 
every other nation. 

This declaration, as exhibiting to the world, in a 
folemn manner, the moderation and juflice of our 
views and expe£lations, was not mifplaced ; and in 
this light only ought it to have been viewed : yet 
flight as was the occafion, it was greedily feized upon 
by that fpirit, which had (o often (Iruggled to ufurp 
t/je guidance of the executive. Under the pretext that 
this general declaration might be confidered in fome 
fort, as a fubmiffion to that ^.'u'uiance^ an attempt was 
made to prefcribe to the executive the principles of 
the inllruftions, which fliould be given to the minif- 
ters to be employed on that occafion, and the terms 
upon which an accommodation fliould be negociated. 
The attempt was refilled, and in a great degre defeat- 
ed by the more confiderate ; but the llruggle on this 
point confumed not a little of time. Upon what prin- 
ciple is it, fir, that fuch a pretenfion could be jufliiied ? 
You yourfelf have heretofore Itated that the execu- 
tive is ' charged wirh theconducStof our affairs with 
foreign nations." The terms ufed in the conltitution 
are too explicit to admit of a doubt, " that the power 
of making treaties is exclufively veiled in the Prefi- 



5Z 

dcnf, by and with the advice and confent of the fenate, 
provided two thirds of the fenators prefent concur." 
But if another divifion or branch of the government 
may arrogate the power of prefcribing the principles 
of inRru6i:ions, to be given to minifters, and the terms 
of accommodation ; is not that divifion or branch in 
eife6i: the negociating and treaty-making power ? 
The principles of common fenfe preclude all queflion 
in the cafe. (^^/.) 

At the fucceeding feffion of congrefs, it became 
necefTary to continue an acl:, which was almoft co- 
eval with the government, and which in the nature of 
things, as to its general principles, mufi: be as dura- 
ble, as the government itfelf ; but which had been 
pafTed and renewed, from time to time, with a claufe 
limiting its duration, 'i his a(5l fpeciiied the rate of 
compenfation which fliould not be exceeded to the 
miniflers and diplomatic agents of the United States ; 
and appropriated a moderate fum, to beat the annual 
difpofal of the Prcfident for that purpofe, but to be 
accounted for, as to its application, before the ac- 
counting officers of the Treafury. In fuch a cafe it 
feemed to require more than ordinary ingenuity to find 
a pretext for a difpute ; but a fpirit of ufurpation, 
though deilitute of ingenuity, is feldom at a lofs for 
pretexts. The wolf in the fable, when he had been 
foiled by the lamb in every pretext that he thought 
proper to fpecify, fet up other pretexts without fpeci- 
fication, andreforted to his fuperior flrength, for tlic 
proof of the juflice of thofe unfpecified pretexts. — 
What can-be faid to men, when, in defiance of the ex- 
plicit terms of the conllitution declaring that '' the 

(d) See the addrefs of Mr Adams to con refs. May i6 i797« 
The cor cfpondenct of Gen. Pi cknky laid hei re ccngrcis at 
that time ; and the debates of congrefs on thi* fubjcd iu the pub- 
lic papers. 



54 

Prefident (hall have power to nominate, and by and 
the advice and confent of the fenate, to appoint am- 
balTadors and other public mini iters ;" they fliall 
boldly come forch and declare, that becaufe the ex- 
penfes to be incurred by fuch appointments, cannot 
be provided for, but by an adl, to which the concur- 
rence of the houfe of reprefentatives is necefTary ; 
therefore the houfe of reprefentatives have power to 
prefcribe to the Prefident, not only of what grade 
miniiiers, to be nominated and appointed by him, iliall 
be ; to what nations minifters fliall, or fliall not be 
fent ; but even that the houfe of reprefentatives have 
power to do away the very power irfelf of making 
fuch appointments ? Strange as it may feem, thefc 
pretenfions have been made in the face of the Ameri- 
can people, and what may fcem more ilrange, by 
thofe who have profeifed themfelves tobe the defen- 
ders of the principles of the conditution in their ut- 
moH: purity. The power of appointing ambalfadors 
and other public miniftcrs is obvioufly an infeparablc 
incident of the national fovereignty, ariling under the 
laws of nations ; the conftitution does not create, it 
only recognizes the power, as already exiRing ; and 
fpecifies the department, which lliall exercife that 
power. Under fuch conftitutional provifion, let us 
fuppofe that no legiilative a<5l, prefcribing the rate of 
compenfation, or making appropriations for the pur- 
pofe, exifled ; let us fuppofe in fuch a (late of things, 
a crifis occurs, in which it is deemed proper by the 
Prefident to nominate, and upon receiving the advice 
and confent of the fenate, to appoint a public minif- 
ter to a foreign nation, to tranfadl fome important 
bufmefs, relative to the interefls of our country : let 
us fuppofe the individual, thus appointed, fufficiently 
wealthy to defray, out of his own refources, the ex- 
penfes of fuch miflion in the firlt place, and fuflicient- 
]y patriotic to encounter, upon fuch terms, fo weighty 



55 

and important a duty : — let us fuppofe the fervlces, 
either fucccfsfully performed, or every reafonablc 
exertion made without fuccefs. What would be the 
fituation of fuch a man ? His appointment being from 
thofc, whom the will of the nation, expreifed in the 
conftitution, had authorifed to make fuch appoint- 
ment, is his title to retribution for his expcnfes, and 
to cqmpenfation for his fervices. a matter of ([rid: 
juilice, or is it merely ex gratia F Our holy rehgion 
tells uSj that the labourer is worthy of his hire ; and 
natural reafon tells us that the relations of juftice 
(like the equality of the radii of a circle, which po- 
tentially exiiled before the circumference of a circle 
was ever defcribedj exiiled previoufly to all pofitive 
laws. The obligation then to appropriate, to the 
amount of what might be reafonably due in fuch cafe, 
is impofed by an authority paramount to that of man : 
nothing can excufe for the non-performance of fuch 
duty, except phyfical inability ; which, equally pow- 
erful with necellity, is a check, that controls even 
the moral law, as to the performance, but not as to 
its principles. What then can be the elTeft of the 
only remaining power in fuch cafe, that of enquiring 
into the quantum, which ought to be rendered ? Can 
this power rightfully annihilate the obligation, by- 
fixing the quantum at nothing ? As well might a jury, 
impanelled to enquire of damages upon a quantum 
meruit^ in the ordinary adminiltration of juftice, be- 
tween man and man, where the demand was already 
conclufively admitted, in defiance of juftice and ihe 
admiffion of the party, find that nothing was due. — 
Ought not the fame eternal and immutable principles 
of juftice to govern alike in all cafes, whether a con- 
grefs of the United States, or a jury in a court, be 
the body employed in enquiring into its relations ? 
Can the difcretion of the one rightfully claim to it- 
felf a greater kititude than the difcretion of the other ? 



56 

Difcretlon itfelf, when correctly undcrftood, what is 
it but the exercife of the difcerning powers of the mind ^ 
for the purpofe of difcriminating between truth and 
error, right and wrong, duty and its contraries, and 
all the caufes of preference and n^jeftion in the various 
incidents of life ? In relation to the fubjeclof compen- 
fation to the anibaiTadors and public miniflers of the 
United Sratcs, when it is difdrne '^^ that the will of 
the nation, exprelTed in the conftitution, has vefted 
the power of appoinment exclufively in the executive 
to be exercifed by and with the advice and confentof 
thp fenate ; when it is difccmed^ that if fuch appoint- 
ment be made, and fervice rendered, a perfect obliga- 
tion arifes for compenfation ; when it has been dif- 
cerned^ that the abilities of the nation are adequate 
to the purpofes of juflice, what further obje^l: remains 
for legiflative dijcernmcnt^ or difcret-on ? Surely 
nothing more than (confidering the ordinary courfc 
of human affairs, and the certainty, that the relations 
of our country with foreign nations mud and will re- 
quire diplomatic agents to fome extent,) whether it 
be expedient to make provifion before hand for fuch 
fervice, left the public intereft fhould fuffer, or to 
wait till the fervices Ihall be performed, at the pri- 
vate expenfes of the perfons appointed and employ- 
ed ? If it fliall be decided, that it is more conducive to 
the public welfare, to anticipate fuch expenfes by pre- 
vious appropriations upon conjedtural eifimates, to be 
accounted for as has been cuftomary ; are other prin- 
ciples to apply ? or will it be pretended, that the re- 
lations ofjuiiice are changed, in confequence of a 
decifion in the favour of the one courfe or the other ? 
If there be ground for variation, what is it ? (e,') 

From the pretenfions fet up, in this cafe, to the 
guidance of the executive, a flriking illuftration is 

(«r) See the Debates on this ftibjed in the public papers. 



57 

prcfcntcd of the extravagant ufc which may b« 
made of a perverfion of principles. The concur- 
rence of the houfe of reprefentatives in an a61: of 
appropriation, (aprovifion in its iiatiire berely.de- 
fenfive againfl wrong) being converted into an of. 
fenfive weapon, is rendered capable, by ^the aid of 
a little heat and political fophiilry, of fubyerring 
the conflitution and fetting at naiight the will of the 
nation, of annulling the general lav^^s pf nacions and 
the eternal principles of jufticeahd right. 

Could it have been conceived neteffary or deii- 
rable to expofe the difor'^anizing principles, or ra- 
ther the deflitucion of all principles, of fuch men, 
in their hoflility to the execntive dcpariincnt, \vhen 
exercifed indeperdenrly of their guidance, nothing 
more opportuiie could have occurred, than' a debate, 
which took place at the fucceeding felHon of con- 
grefs. — An individual, it feems,. about the clofe of 
the preceding feifion, under ftrong indicatiobs of his 
being an agent of a fa£bon in the United States, 
carrying on a correfpondence, though not treafona- 
ble, certainly of a moft queftionable nature, with 
the governmeni: of France, {ci out from Philadel- 
phia on a vifit to Paris. Similar occurrences, it wac 
known, had taken place from other countries, pre- 
paratory to the maturation of confpiracies of the 
mofh dangerous kind, and in fome inlhmces, ter- 
minating in the abfolute extinction of the indepen- 
dence and felf- government of thofe councries.( / ) Va- 
rious difclofures relati'/e to this million,— the gene* 

(/) See Mr. Burke's Podiiumous Works, par* 2d, p. 14. con- 
terning Mr. Ft>x'6 en:b.<.ir)r by Mr. Adair to Ruii-a, Apprrdix 
No. 1 1. Sec aI;o Gifford to Lriliine, f ear ihe ciuf;, on the same 
fuhjcdl. 8cc D'lvernoi's Revv.lution of Geneva conct-ruing cm- 
bafUcs to Paris of like liaiure. .Stc Mr. vonroe's rievv and ap- 
pcndix jj. i02j ind iiocoocerniMg the «,mbairy oi Du ch Psrd* 
ets te Paris. 



ral complexion of afFaIrs, and the dangers to be ap- 
prehended from a repetition of fuch condiift, if fuf- 
fered with impunity, induced the congrefs of the UnU 
ted States to take up the fubjed with a view to fii- 
ture prevention. In the debate which took place or 
this occafion, the very men, who had mofl ftrenuouf- 
ly endeavoured to throw obflacles in the way of the 
conflitutional exercife of the powers of embalfy by 
the elective Chief Magiftrate of the American peo- 
ple, under the control of the fenate ; nay ! who had 
threatened to bring forv/ard a propofition fo do away 
that power altogether, were feen arranged on the 
fide of a fpurious envoy ; ailerting that his conduft, 
in undertaking fuch agency, was not only free 
from blame, but worthy of applaufe, and maintain- 
ing that every individiaali who pleafed, (and confe- 
quently as well as thofe, who through corruption or 
infatuation mjght be prepared to proflrate the hon- 
our, and facrifice the independence of their country 
to a foreign nation, as others) wasaut'horifed'to take 
upon himfelf the delicate and important powers of 
cmbafly, — powers, which, in their nature, are infe- 
parable from the united' fovereignty of the nation, re- 
prefented by their national government. C^.) 

It were endlefs to purfue the inconfiftencies of fuck 
men : one inflance more, of a public nature, during 
the adminiflration of Mr. Adams feair fufHce, 

In confequence of the refufal of our miniilers t^ 
place our country in a date of contribution, agreea- 
bly to certain demands made upon them, all muft rc- 
colle£l the threats of national vengeance and annihi^ 
lation againft our country : preparatory to that, it 
was alfo threatened to cut up our trade by cruizers 
upon our coafts, and thus to levy contributions 
upon our individual citizens, in default of thofe de« 

(g) Sec Debat«i on this fubjecl in the public paperi; 



S9 . 

sanded from the nation at large. Upon .tl\c fafetj 
,of our commerce, and of the means of tranfport, the 
productions of agriculture depended for their value: 
upon that fafety depended alfo the principal fourcc 
of our revenue, and this revenue was eflential to 
our national fafety. Notice of thefe threats had 
been fcareely received, before information was alfo 
received^, pot only of diftant depredations, not only 
that hoflile cruifers were upon our coafts, but even 
that they were within the bays and waters exclu- 
Cvely pertaining to the jurifdi6lion of the United 
States. N.ece-flity makes its own laws. Our coun- 
try, however defirous of peace, was thus compelled 
to prepare for its defence ; the nature of the attack 
prefcribed the nature of the means to be ufed in that 
defence. A fmall naval force was refolved upon for 
this unavoidable, this all-important purpofe : but 
this was not effe£led without the moft ferious oppo- 
sition in the public councils of our country :— ^when 
refolved upo.n, oppofition ceafed not ; for hopes ftill 
remained^ that a force, thus furniflied, might be ren- 
dered ineffeflualo A naval force being fupplied, the 
conftitution declares, that, " the Prefident fliall be 
commander in chief" of that force. Au attempt had 
been made, as before feen, to vary the conftitution in 
this refpeCl, fo as to declare, xh-M the preftdentJJoould 
have power io direct^ agreeable to law^ the operations 
ef that force, and had been rejected with marked 
contempt, as it deferved. All this mattered not ; a 
new attempt was made, io prefcribe by law to " the 
commander in chief of the navy of the United States" 
the manner in which he fhould exercife that command: 
-—in fa6}:, to prohibit him from ufmg that naval force 
for the prpte<^ion, by way of convoy, of the com- 
.,merce of the United Stales, even when that convoy 
might be afforded confiftently with the other objeds 
of the public fervic^* The ftrange ground of this 



6o 

Srangc attempt to ufiirp the guif^ancc of tlic excca- 
live aiubority in tlii^rcfpeft. was no other than the 
aiTcrrion of a do(fi:nnc, that to protect the commerce 
of the citizens of the United ): tates againfl French 
depredations would be a violation of the duties of 
neutrality. (^/:) 

Such, fir, has been the condu^,. fuch have been 
the principles of thofe whom you afFeft to confider as 
the only orthodox in politics, the only patriots and 
republicans, the only defenders of the conliitution 
?.nd of the purity of its principles ! For an oppofiiion 
to thefe attempts at perverfion, for afierting that it 
was the duty of thofe who had fworn to ' fupport 
the conftitution" to leave to the executive the inde- 
pendent exercife of hs official fun^lions, for main- 
taining that the independent exercife of thofe func- 
tions v/as elTential to the freedom and happinefs of 
our country, the federalifts have been heretofore 
termed by you, fir, and your afibclares, " anstocratSy 
fnonocrats^ and tones," (/) They have been lately 
termed by you, fir, in a tranfaction made public by 
your perm ilTion, a political fefi^ as if fwerving from 
the principles of orthodoxy in politics. For the 
independent exercife of the official fun61:ions of the 
executive department by your predeceffors in office, 

(h) See Debates on this fubje<£l in the public papers. 

{i) Here c Ttain aDonymuus publicailons tuight be referred to, 
V'hich from their g ofs mifrei'efentatioH and calumny coulci 
fcarceiy be a .mltted, unkfs upon the moil conclufiv? evi- 
dence, to have proceeded from a f urce of any refpe6labitity — 
Means are believed however to exift, fufficient to convince every 
cai'did mi'io of their real fource ; but on account of their ten r, 
as well as tht llationof their fuppof(,d author, a reference is for- 
borne. Were their aulhentici y eilabliflied, one inference indeed 
v^'ould concluCivcly folKnv to wit, that, it is impoflible for power, 
Vmght ynt) obtained by fnch means, to be ufed to any good or 
no; oiuable purpofc ; but of this, alas ! without the aid of dif- 
pmable docuinents there is already too little reafon to d«nbt. 
Tiie woide within inverted con Bias are aithtoti*. 



6i 

that department has been heretofore declared by jom, 
fir, " tco siroT'g for the republican parts of the con- 
flitution," as if the executive power were not an 
eflential part of every government, republican as well 
others ; as if that which is an efTential part of repub- 
lican government were, in its nature, anti-republican, 
Becaufe the executive department has been reputed 
by you '• already too flrong for the republican part* 
of the conftitution,*' is it, therefore, fir, that you, 
difregarding the examples of your predeceflbrs, arc 
now determined to fubmit yourfelf, in the difchargc 
of the fun(fl-ions of that ftation, to the guidance of 
thofe charged with the fovereign functions of legifla^ 
tion ? Is it thus, fir, that you propofe to preferve, 
prore^i:, and defend the conltitution ? 

The American people have heretofore fondly 
hoped that their fafety and happinefs have been ob- 
je6>s marked by the peculiar favour and interpofition 
of the Providence of Heaven : and alTuredly the pafl 
blelUngs which we have enjoyed, demand our warmed 
gratitude. May that kind Providence, which has 
heretofore watched over us, ftill guard us againll the 
delufions and mifchievous confequences of principles 
now, for the firfi: time, avowedly about to be fubmit- 
ted to experiment in our hitherto happy governmenti 

Accept, Sir, my homage of all due refpeft. 
Your fellow-citizen, 

TACITUS. 



JLETTER VI, 

^i? Tjh.OMas Jefferson, Efqulre^ Preftdcnt of ibi 
United States. 

IN my two laft letters! took the liberty of re vie w<^ 
fog certaim tf anfacl:ioDS of a public nature, which had 
occurred during the adminiftration of your predecef- 
(qvs I thefe tranfa(^Hons, taken feparately, manifefl 
isaeh a ftrange difregard for original and conflitutional 
prmeiples— taken together, they evince a fpirit of in- 
veterate and fyilematic hofliiity to the conftitution of 
fhe United States^ and efpecially to the barriers ef- 
tabliftei between the Jegiflative and executive departs 
naents of the government. To afTert that you, fir, 
W^re privy to thofe tranfa<ftions and a partaker in that 
hoftility, might perhaps feem indecorous in any indii- 
vidual, confidering the high ftation, which you at 
prefent occupy t yet if ^'^ the diffufion of information 
and the arraignment of all abufes at the bar of pub- 
lie re^fon,^' (^a) be allowable, it cannot be unlawful 
io recall the public attention to certain evidences, al- 
ready in the public poiTeiTion, and to folicit the pub- 
lic conCderation of a queftion, apparently of no fmall 
roncerii-^Iji what light your paft condufl ought to 
m^(e your prefent folicitatioi) of guidance to be view?. 

A defender of your political chara<5i:er, at a former 
period, has aiTerted ^^ that your condudl had infpired 
^ confidence, that it was never your wifli, that your 
Cer^tiroents upon any fubjeft of a public nature flioul4 

(a) See Mr. Jefferson'? ip^jjgqrgiU^dreff of 4tb of M^rp}^ 



if 

ic withheld from your countrymen/' (b) T6^a"p/e^ 
fumption of the continuance of that difpofitiori on- yoW 
part, the freedom exercifed i^n the prefent corfefpo^"" 
"dence, may, if you pleafe, fir, be attributed. 

If the fuggeflions and information of Citizen (ji:*.- 
NET, contained in his letter of September iSy 179";^ 
addrefled to you, ilr, and publiflied under your owtf 
authentication, be not malicioully falfe, may it not i>€- 
fairly inferred, that you, fir, had painted to' himy 
thofe with whom you were apparently aiSting in- coik 
cert in the adminiftratron of the govcrnmerit, " ^ 
ariftocrats-, partifans of monarchy, partifaiis of Etk 
gland, of her conditution, and confequently as erie-- 
mies of the principles" of republicanifm ?— May it*^ 
not be fairly inferred,- that you, fir, had made Citizetf 
Genet believe that yoti v/ere his friend and that yoitf 
had initiated' him iil to rhyfteries which inflamed hi# 
hatred againfl thofe whom you had painted as affii^ 
ring to an abfolute power .^ 

Confidering the pretenfiohs of Citizen Genet a^ 
that period, can it be in any degree quedionable, "whe--' 
ther, fir, your principles, as then difclofed to him'-, hf 
which you made him belk've you tjgere hn friend^ arid^ 
in relation to which WAsiiiNGTON, and all thofe wh6=*' 
honeftly concurred with and fupported him5\veVe '^arifr 
tocrats, partifans of monarchy, partifaiis of England',^ 
of her conflitution and confeqlieritly enemies of the- 
principle-s" of republicanifm, were principles of amit/ 
m hoftility to the conflitution ? Asr well might it W 
pretended, that it werequeftionable, whether tb'fpealt' 
in one way and aft In another ; to have an official^ 
language and a language confidential, were evidieiicbs' 
©f duplicity, or of plain dealing, {c) 

{b) Ses the introdiiifiory Obfervatfons totiis! " deferideof MVi; 
JeffeUs-on's political charader'* in the National Gazette 6^ 
September 26, 1792* 

(c) See Citixeii Genet's letters of September iB, i79^V 



64 

If the information of Citizen Fauchet, contained 
in his famous letter of the 3ifi: of October, 1794 (the 
authenticity of which is cftablifhed by his fubfequent 
explanations, and by the publication of Mr. Ran- 
dolph) be in any wife worthy of regard, ''and it is 
prelumable that he was not without aecefs to the btfl 
fources of information, fee. 16,) what, fir, may be 
inferred from theuce ?~Thofe who were confcious 
that our national exidence had been originally foun- 
ded on the union of thefe States, and that the preftr- 
vation of our independence and felf government Hill 
depended on that union, and who therefore were 
friends to the adoption of the conftitution, as the only 
means of fecuring thofe important objedis,; were fli- 
led " Federalists^ — Thofe who were oppofed to the 
adoption of the conpLitution, and who '^ ivijhed to 
preferve the former fystem^ whole-prejudices^^ \^to ufe 
the words of Citizen Fauchet j "^^ ji^ould cherjh at 
least the inemory and the name^^ from the general per- 
fuafion that that fyitem^ on account of its inefficiency 
could preferve nothing more than the mere memory 
and the name^ were denominated " Anti-Federalists ^^ 
Upon the adoption of the conilitution, thofe who had 
been moil inveterate in their oppofition, became (ac- 
cording to the reprefentation of Citizen Fauchet) 
*' malcontent i^ ^ : — when the government was put into 
operation, thofe *' malcontents^^ uniting with them 
fome unprincipled or difappointed federaliils, became 
" enemies to the whole fyitcm of government." At 
St fubfequent period " in proportion as the nation ad- 
vanced in the experiment of a form of government 
which rendered it fiouriiliing/' it was difcovercd by 
thofe " enemies of the whole fydem of government," 
that they had taken th^ unpopular fide of the qucllion, 

ar.ongft the d« cumcnts accompanying a mcffa^re of General 
Washii.ctok to Con^ eis, of iJcccrn. cr 5, 1793 \ appendix 
No. -, 



and confequently that It was a vain thing for them, 
utder that denomination, to attempt dire(^Iy to over- 
throw the objecl: of their enmity. That enmity was 
therefore to be difguifed under the appearance of dif- 
fatisfa^lion at the meafures of adminiflration, whilfl 
thofc under its influence were to attempt to put off 
their ancient denomination, and to aifume that of 
** friends of the conftitution and enemies only of the 
excrefcencies which financiering theories threatened to 
attach to it." The good fenfe of the people, (un- 
der the denomination of the federal party) at that 
period, frowned upon the furreptitious attempt, and 
*' Gbstmately perfisied (fays Citizen Fauchet) in 
leaving to its eidver furies the fufpicious name of A^iTU 
FEDERALIST." — " Tbe anil federalists^' mortified at 
this rebuff, after having pafTed through the various 
ftates of " malcrjutentsj'^ and " ejiemies to the whole 
fystem of goijernme^it'^ at length, to ufe the words 
Citizen Fauchet " difembarrais themfelves of an 
infigniuca^t denomination and take that of patriots 
and republicans." 

" 'ihas grubs obfcene are turned to painted butterflies." 

With the means of deception attached io thefe new 
names, it feems not to have efcaped the immediate 
fagacity of fome, that " a revolution or a civil war'* 
{[tz, 13) thofe ordinary occurrences on the tempestu* 
ousfea of liberty^ might be brought about at a period 
not far diftant. Affairs indeed feem to have been ar- 
ranged in order for immediate progrelTion, and they 
doubtlefs w^ould have proceeded to " a general explo- 
fion, for fome time prepared in the public mind," had 
iiot *' the local and precipitate eruption (of the Wef- 
tern infurreclion) caufed it to mif carry ^ or at least 
checked it for a long time J' — You, fir, are flated by 
Citizen Fauchet " to ha'ue forefeen thefe crifes,^'' — 
On you, ^ythofQ -pat riots and republicans^ who had 
previouHy paffed through all the changes of a pohticaJ 



6S 

cliryfalis, ( anti 'federalist s^ malcontents^ and enemies 
to the whole fy stem of government ) are dated to hare 
*^ cad their eyes to lucceed the Prefident," the great 
and good Washington upon his expelled retire- 
menc. — You, fir, are Rated at the fame time '^pru- 
dently to have retired in order to avoid making a fi- 
gure againil your inclination in fcenes, the fecret of 
which will foon or late be brought to light." 

Was it, fir, from a knowledge of your approbation 
of meafures, which had continued the government, 
faccording to your own precious confclfion.) '' in the 
full tide of fucccfsful experiment, and fo far kept 
us free and firm/' that thofe patriots and republicans 
were induced to caft their eyes on you to fucceed to 
your prefent high flation ? Or was it, fir, in order to 
evince your attachment to the government, " the 
world's beil hope," and to prove your convi£lion that 
it " wants not energy to preferve itfelf," (^) that 
" you prudently retired^'* at fuch a crifis ? Alas ! what 
can be the fcenes, the fecret of which is now about 
to be brought to light ? Can it be, that you feared 
your concurrence in enforcing thejult authority of 
government at that crifis^ might be adduced as an evi- 
dence of principles inconfillent with condu6l to be ob- 
ferved in other fcenes, at other crifes, when the peo- 
ple were to be flattered with ideas of individual fo- 
vcreignty and perfonal fe If -government^ till they Ihould 
be fwindled out of every idea of a government of laws, 
and find their rights and liberties fo fecurely depo- 
fitedwith a government of men, as to be inacceifiblc 
even to their own individual fovereignties ? — (<f) 

If the letter addreffed to Mazzei (reprefented in 
its original publication to have been written, fir, by 

{d) See the in nigiiral audrefs of March 4, iSoi ; appendx, 
No. i4, 

(e) Sec Citizen Faucuet's intercepted letter of Dccein%er 
31, 1794,111 Mr, Randolpii's vindicaiion ; appendix, No. 4. 



6; 

you, and fincc averred, on various ©ccafions, by your 
intimate and confidential friends, to have proceeded 
from your pen) be authentic, what may not be infer- 
red from your fecret fentiments there laid bare to 
view ? The hoflility of the writer of that letter, who- 
ever he may be, was not confined to the individuals 
by whom the government was then adminiftered, or 
to the principles which prevailed in the meafures of 
their adminiliration : his hoflility clearly extended to 
the conflitution itfelf- Whilfl '' the executive, the 
judiciary, and all the officers of government," were re- 
prefented, fome of them as " Solomons m council and 
Sampfom in combat^ hut u^hofe hair had been cut of- by 
the whore ofE7igland^^^2indi all of them as ^^ Apostates;^'* 
— and whilll the principles of the adminiflration were 
reprefented as calculated to ''impofeon us the fub- 
ftance of the Britiih government, and to aifimilate us to 
the Britifli model in its corrupt parts," the conflitution 
itfelf was alfo fligmatized with being *' the form of 
the Brilifh government," — it was contemptuoufly 
llyled, though now " the ftrongefi: government upon 
earth," (/) Lilliputian ties by which we were bound 
in the firil flumbers that fucceeded our labours." " It 
is fufficient that we guard ourfelves, and that we 
break the Lilliputian ties." When ? Doubtlefs 
when the people, blinded by mifreprefentation and 
paffion, iliall be roufed, like Sampson of old, '' to 
appear in ail the majefly of their flrength,(^) and to 
pull down ruin on their own heads, whilfl they are 
ailording fport to fome plaufible, unprincipled, de- 
figning, and ambitious demagogue, perhaps at the 



(/) See the inaugural addrefs of March 4, 1801 ; appendix. 
No. 14. 

(^) See " Addrefs of the general afTembly to the people of 

tbeconimonwealth of Virginia" of January 23, 1799. 



68 

fame time " the 'dupe or the tool of foreign influ^ 
ence.'* (h) 

If a letter bearing date at Montecello, Septembeir 
the 4th, 1800, and addreiTed, fir, under your name, 
to a citizen of Berkeley county in Virginia, be au- 
thentic (and the manner of its publication feems to 
preclude all queftion upon that point) what are the 
inferences plainly dcducible from thence ? The writer 
of that letter, whoever he be, by a fmgular perver- 
fion of language and abufe of terms, has affe^led to 
confider the executive department of the republican 
government of the United States as *' the monarchic 
cat brancij.,^^ whilft he compliments the legiflature, 
or perhaps the houfe of reprefentatives alone, with 
the denomination of ^' the republican branch of our 
govtrninentJ^ Indead of endeavouring to harmonize 
the elTentiai parts of our republican fyflem with one 
another, fo that each might go on without coliifion 
in its appropriate fphere, he has affeded to confider 
them as in a flate of natural warfare, in which the pre- 
ponderance of the one or the other mufl necelTarily 
prevail. The preponderance of the legillative over 
the executive department, and not a balance or equi- 
poife of the whole, he confidcrs as the only means of 
^' fo guarding the rights of the people as to be flifc 
in any hands, and not to depend on the perfonal dif- 
pofition of the depofitary." And you, fir, if you be 
the author of that letter, avow it to be '' the greateft 
of all human confolations to you to be confidered, by 
the republican portion of your fellow-citizens, as the 
fafe depofitary of their rights/* Whence this decla- 
ration of your fatisfa6tion, bearing in it an illiberal 
calumny againfl: all who dared to think their rights 
might be more Mtlj entrufted with another depofi- 

{h) Sec the letter to Mazzei ; appe-ndlx, No. 5, and fee thi- 
caution«i of Wa3ui:;gtoni. in hisfarcwc'i addref^, .Tgalnft nation- 
al antipathies and attachnjcn:6, and againll foreign infiueixc. 



69 

tary ? Whence this extraordinary confolation in the 
pofpect of being raifcd to a flation rendered odious, as 
far as may be, by your own reprefentations of its 
being ellentially monarchical ? Was your confolation 
heightened by the idea of having it in your power to 
render contemptible, by a fubmiilion to guidance that 
which you had before rendered odious by mifrcpre- 
fentation ? When rendered both odious and con- 
temptible, is it pofTible that you could find confola- 
tion in the idea of putting off the chara<^er of a 
depofitary of authority for the prefervation of the 
rights of all under the conftitution, and of being 
invelled with the chara£ler of the fafe depofitary of 
the rights of the republican portion of your fellow- 
citizens, independently of the conilitution ? (/) Was 
it with a viev/ to fuch a (late of things, perhaps long 
fincein diftant perfpe^five, that you commenced your 
fympathetic rantings for the European labourer^ who 
goes fuppetiefs fo bed^ and mohteiu his bread \\:ith the 
J'-weat of hh brows ? (Ji) Is it W'iih a view to fuch a 
(late of things, perhaps now in nearer perl'peftive, 
that congratulations are offered at one time, that 
*' unoccupied foil will flili offer itfelf to thole who 
wifli to reap for themfelves what themfelves have 
fown ?"(/) that a llrong anxiety is expreffed at another 
time, that '' government fliall not take from the 
mouth of labour the bread it has earned," and " thai 
labour may be lightly burthened?'' {rr^ And again, 
at the prefent time, when a national debt is to be 

(/) See a " copy of Mr. Jeffkrson's letter in rcplv to one 
addreflc-d to him by a citizen of Berkeley," taken '* from the 
Richmond Examiner," — in the Washington Fcderaliilof Febru- 
ary 6, i8oi,anJ appendix, No. 6. 

{JC) See Notes on Virginia, query 22d and reply. 

(/) See letter to a citizcr <>f Berkeley ; appendix. No. 6. 

(m) Sec inaugural add refs of March 4> i2oi j appendx, Noi 

14« 



avowedly cherifhed as a national blcJOTnig ; when 
taxes are to be difcontinued, left the continuance of 
that national blelTing iliould be terminated at a period 
earlier than was expelled, and the refources of our 
country fhould be left free to be employed againft 
any enterprizes threatening our independence and 
and felf government (fuch, for inftance as an attempt 
to carry into efFecl a propofition for " the refpe^live 
naturalization of French and American citizens") (7z) 
and left we, in the wantonnefs of exemption from the 
public blefting of a public debt, ftiould imprudently 
provoke wars in the prefent pacific and unambitious 
ilatc of the world — is it, I fay, at fuch a time, that 
w^ith a view to fuch a ftate of thim^s, we now find 
fentimcnts fuch as the following brought forward ? 

*' Confidering the general tendency to multiply 
offices and dependencies, and to increafe expenfc to 
the ultimate term of burthen which the citizens can 
bear, it behoves us to avail ourfelves of every occa- • 
fion which prefents itfelf, for taking off the fur- 
charge ; that it never may be feen here, that, after 
leaving to labour the fmalleft portion of its earnings 
on which it can fubfift, government lliall itfelf con- 
fume the refidue of what it was initituted to guard." 

Is it pollible, lir, whatever may be your vanity, 
that you can have the confidence tofuppofe, that your 

(li) *' Mais la naturalifatioa rffpeftlve des cJtoyens Francois 
ec Au.ciicainfl, propofce par Jeff. rfoii et dcfiiee par la nation 
TrHP^^ilc, tacilitcta cent ftipulallon d'une excrMptiuu eciproque 
dc tonnatie, et la r^ndra moins offcnfante p ur les puiflancerj qui, 
en vcrtu de leurs irai :e», pouiraic:nt rcciamer la participation aux 
irenus avantages. Puifqne, casus fceJcris le trouverait- par cette 
ilipulatlon, changee a cet eg; ri." — Extract ties instructions 
dunr.^es par le gouvjrnmcnt Franguis au Citoyen Add, 

'I'he honour of our country foibida a tra-.iflafion of the above. 
See howi^ver General Washington's meffacto Congrtfs of 
January 19, 1797, ai»d tiie accompanyiiig ducumciiLS; No- ii4> 
and ii6; appcudiX; No. 7. 



71 

charity and cornpailion for the poor are really fupe- 
rior to thofe of other men, who, knowing by experi- 
ence untried by you^ the fweetnefs which may be 
given to bread by the labour of earning it, have 
imparted of their little to the poor, and left the ac- 
count to Heaven, without making their fympathy a 
fubjefr of continual boalHng before the world ? Is it 
poitible that your vanity and ambition have fo far 
blinded you, as to induce you to fuppofe, that the 
American people are alfo fo blind as not to be capa- 
ble of feeing through pretenfions fo grofs and defigns 
fo palpable ? As well might it be pretended, that the 
defigns of a nation could not be comprehended, when 
it Ihould proclaim war againlt the governors and 
peace to the governed ; war againd palaces and 
peace to cottages ; defoiation againO: property and 
peace, nay, wealth to poverty ! 

But however thtfe things may be, is it poffible 
that any man, after reviewing with any tolerable 
degree of attention the foregoing evidences, can en- 
tertain a doubt concerning your difpofition, whether 
it be that of amity or hoiiility to the principles of the 
conftitution ; that he can be at a lofs to efiimate the 
import of your inaugural addrefs generally ; or that 
he can fuppofe an undue importance has been attach- 
ed to that palTage of your addref* before particularly 
cited and commicnted on ? 

If then to look with encouragement for guidance, 
in the executive functions of your flation, to thofc 
charged with the fovereign functions of legifla- 
tion, be equivalent to a proffered furrender of your 
conflitutional independence, and if that furrender 
necelTarily operates the de(lru6iion of the barriers and 
checks explicitly eltabliflied by the conftitution, and 
concentrates the executive with the legiflative powers 
of the government in the fame hands, or at leafl: in 
fuch manner as to deftroy the conditutional refponli- 



^^ 

biiity of the executive, nothing more remains to be 
done, to complete the prefent undertaking, but to 
afcertain the tendency of that concentration and to 
demonflrate your knowledge of that tendency. 

The natural provinces of legiflative and executive 
power are elTentially diOiin^l : it has therefore long 
been a received axiom in politics, that thofe powers, 
m order that they fliould be exercifed with fafety 
and convenience, for the liberty and happinefs of the 
members of every fociety, fliould be delegated to 
different bodies or departments. It is believed that 
it may be added with equal corre(fl:nefs, that, for 
that beneficial exercife, -thofe powers ought to be 
delegated, not only to dilTerent bodies, but alfo to 
bodies diiierently conflituted. 

The objects of legifiative power (over and beyond 
that fcience, prudence, and integrity which ought to 
adorn the magiftracy in every department of govern- 
ment) recjuire, in the members of that department", 
information, both of a general and local nature, rela- 
tive to the intereils and afPairs of the fociety and of 
its diilerent parts. Thefe requifites are judicioufiy 
fought for by the conditution of the United States, 
in a houfe of reprefentatives, confiding of the chofen 
reprefentatives of the people from all parts of the 
ynion, and in a fenatc, confiding of the chofen repre- 
fentatives of the dates in their corporate capacities. 
It is alfb requifite that the legiflative department 
fhould be fo conllituted, as to render deliberation an 
elTcntial ingredient in all its proceedings. That deli- 
beration is therefore fought for in certain forms which 
'the good fenlc of thofe bodies may refpedively pre- 
fcribe to them, in the conditutional necefnty of a 
fcparate concurrence of each of thofe branches in 
every a6l of legiflation, and in the conditutional con- 
trol of the executive by means of a modified nega- 
tive, the effect of which is merely to compel the 



73 

branches of the legiflature, in all cafes of doubtful ex- 
pcdiency, to reconfider each its own decifion, or, in 
other words, to deliberate again. 

The objects of executive power, (over and beyond 
the general requifites before ftated) feem to require 
harmony in deliberation and decifion, unity in defign, 
promptnefs in proceeding, and energy in execution. 
The conftitution of the United States has accordingly 
fought the beneficial attainment of the objc6i:s of exe- 
cutive power, by delegating that truft to one indivi- 
dual folely, the prefident of the United States ; con- 
templating, at the fame time, the aid of competent 
affidants in the heads of the auxiliary departments, of 
his own original fele^lion, removable at his fole will 
and pleafure, and in cafe of vacancy, to be lupplied 
again by a choice originating folely with himfelf. 
Thus, aided by counfellors and agents of his own 
fele61ion, fubjedl: only to the reje61:ion of the fenate, 
and fupported by the legiflature with the means 
neceflary and proper to enable him to carry into exe- 
cution the powers vefted in him by the conflitution, 
a prefident of the United States, without further 
guidance (it feems to have been expelled) was to be 
competent to the difcharge of the duties of his (la- 
tion. In cafe of failure, a ferious confideration feems 
to await the man who fliall have prefumptuoufly 
accepted the charge of that ftation. Over and be- 
yond the public dilTatisfaflion, it is exprefsly provi- 
ded by the conflitution, that the houfe of reprefenta- 
tives may impeach, and that the fenate fhall hear and 
determine : a power, doubtlefs, to be exercifed with 
great difcretion, and with reafonable allowance for 
the frailties and weakneiTes of men : a duty, however, 
when neceflary, aifuredly not to be declined, but to 
bedifcharged by full performance, under high refpon- 
fibility for the greateft and beft interefts our country. 



74 

My prefent letter being of fufficicnt length, I muft 
delay further proceeding till my next. Accept, in 
the mean time, Sir, my homage of ail due refpecl 
and confideration. 

Your fellow-citizen, 

TACITUS. 



LETTER VII. 



To Thomas Jefferson, Efquire, Prefident of the 
United States, 

SIR, 

IF the view before taken, of the legiflative and 
executive powers of the government, upon both ori- 
ginal and conftitutional principles, be in a tolerable 
degree corre6l, what muft be the effedl of concentra- 
ting thofe powers, either by the executive voluntarily 
placing itfelf under the zuidance o{ the legillature, or 
by an unprincipled ufurpation of executive powers on 
the part of the legillature ? i his, fir, is the enquiry 
now be ore us. Whatever may be the mode of con- 
centration, our inquiry need in no wife be varied, 
fmce the refult will neceffarily be the fame : — whate- 
ver may be done under the authority of the gover- 
nor, whether of a legiflative or executive kind, muft, 
under fuch a ftate of things, proceed from the fole 
authority o the legiflative department, notwithftand- 
ing the nominal exiftence of a vihble executive. 

1 ta e it for a truth fufficiently obvious, that the 
guidance of one directory fo numerous as either of the 
branches of the legiflature of the United States muft 
inevitably deftroy all harmony in deliberation and dc- 



75 

clfion and all unity In defign, and confequently all 
promptnefs in proceeding and energy in execution, 
in all meafures of" an executive nature. If luch be 
the efFc6i: of the gwdance of one fuch directory, it is 
believed that it may be alTumed as equally true, that 
the guidance of two fuch directorial bodies, at the fame 
time, mufl inevitably embarrafs and ultimately de'iroy 
every thing like moderation and regular movement in 
the government. 

The objefls of executive power are not of a na- 
ture to be held in partncrOiip or jointenancy by differ- 
ent bodies, or even by different members of the fame 
body. Whoever has given any tolerable attention 
to the conrfe of the affairs of government in our own 
country, where a difpofition to concentrate legifla- 
tive and executive powers had heretofore advanced no 
farther than to fome abortive attempts at ufurpation, 
cannot have failed to remark the (Irange effects, which 
have become vifible immediately upon the introduc- 
tion of fubje61s of an executive nature into the dif- 
cuihons of a numerous legiflative body. In the fame 
alfembly of men, who a little before feemed capable 
of difcuffmg queflions, bonjjide, of a legiflative kind 
with candour, with moderation, with mutual defer- 
ence and refpe6t for the characters and fentiments of 
each other and with an apparent general defire to ar- 
rive at wife and juit refults : no fo ner has a queftion 
of an executive nature been introduced, thanitfeems 
to have been converted into a brand of difcord, caft 
amongfl them to kindle a flame. To this fource, it is 
believed (from obfervations made at the moment on 
various occafums and from fubfequent reflexion^ the 
imfortunate violence of party paiiions, whicn at pre- 
fent divide the people of America, is to be attributed, 
more than to any other caufe. This effe£f produced 
by fuch caufe m-iy have efcaped the notice of fome ; 
but to you, fir, who I am perfuaded look with ob- 



7^ 



fervant eyes, it cannot have remained unknown. If 
fuch be the cafe, (all other confiderations apart) how- 
cruel is it, whiHt you profefs to be defirous of resto^ 
ring to foc'tal intercoiirfe that harmony and affeclion^ 
ivitbout which liberty and even life itfelf are hut dreary 
things^ knowingly to furnifli to the flame aheady kin- 
died an inexhauftible fupply of fuel, by fubjetling at 
once the whole of your executive fun£lions to the 
guidance of the ligiflature ? 

The different degrees of violence in the paffions ex- 
cited in difcuffions upon fubje^is of alegiflativeor ex- 
ecutive nature, are eafily to be accounted for from the 
difference of principles that operate in legiflative and 
executive deliberation. Thofe of the former kind, 
relating principally to general provifioas and regula- 
tions, adopted for future, diftant, fometimes indif- 
tincl and uncertain events, like queflions in the ab- 
ftra<^, interell the paffions in fo flight a degree as to 
leave the operations of reafon full and free exercife. 
Thofe of the latter kind, relating to immediate and 
fpeciiic objects, and thefe not unfrcquently of great 
magnitude, to be adted upon, as well as to be deli- 
berated upon, from thefe circumflances, intered the 
pafllons to fuch degree, as to render uncertain the ope- 
rations of reafon, even where no collifion with the 
opinions of others intervenes. But if that collifion, 
from a defective organization of government, or other- 
wife, unfortunately takes place, the pafllons of thofe 
engaged in the executive conteft blaze forth, and un- 
lefs checked by Angular prudence or fome fortunate 
incident, foon prepare the way for ail the changes of 
difcord, which either wifdom has predicted, or expe- 
rience verified, till the catafl:rophe is clofed by a flern 
and gloomy defpocifm. — {a) 

(a) Nuila fides rcgni focils, omnlfque pvoteftas 

" Impatifnsconfurtis er:t.*' Luc an. 



77 

The boufe of reprefentatlves, therefore, and the 
fenate, could not long continue joint polTelTors of the 
executive power, however quietly yielded by itscon- 
flitutional occupant : contention mud arife in the na- 
ture of things, nor could it ever fubfide, but by the 
compleat demolition or reduction of the one or the 
other of thofe bodies — not in relation to executive 
power alone, but in relation to legillative alfo ; fnicc 
every the fmaliell remnant of rival power, with which 
fuch a conteft has once exifted, is forever after view- 
ed as a germ, from which that contefl may fpring up 
anew. The deflruction, therefore, of the exiflence or. 
authority of the one or the other of the branches ot 
the prefent legiflative department of the government, 
of the United States v.'ould foon be the confequence. 
of an accumulation of power by the addition oithf^^ 
guidance o^ the executive. The judiciary, fliould it, 
on any occafion, dare to doubt the julUceor conflitu-, 
tionality of the meafures of the remaining body, would 
immediately experience a fimilar fate. One' depart- 
ment or branch of a department, thus uniting all pow. 
ers, w^ould then be feen to experience convullive throes 
within itfelf, arifmg from the flruggles of its indivi- 
dual members for afcendency : therefult need not be 
traced further. Such feems to be the natural courfc 
of the effects, necelTarily proceeding from a concen- 
tration of the legillative and executive powers in the 
hands of the legiilature, confidercd with regard tcr- 
the government itfelf apart from the people. But 
amidit thefe tumultuary fliocks of the government, the 
people could not remain at peace : the chart of our 

" No faith of partncrfhip dominion owns ; 

" Still difcord havers o'er divided thrones." 
Nothing can be more true than the above, in relation to exe- 
cutive power. Franc at preftrnt haa her three Cor.fiils ; but 
what are tw-o of thtm ? Not fo mwh as tie Countryman'* 
N/ghtingsie — <' Vex et prctcrca saihil." 



78 

cotiflitutlon being gone, what hopes would remain of 
recovering our former ftation of peace and order ? 
Let us therefore endeavour to trace, with regard to 
the p.:ople, the elfefts of this concentration of powers, 
the confequence, fir, of your " looking with encou- 
ragement for guidance to thofe charged with the fo- 
vereign funclions of legillation ** 

The wifdom of Monte sqxtieu and '^ the friendly 
and difmterefted warnings" of Washington, ''the 
rdult (as he affured us) of much reflexion, of no in- 
confiderable obfervation and which appeared to him 
all important to the permanency of our felicity as a 
people,'' may perhaps have become obfulete with 
fome : with fuch, however, it is hoped the warnings 
oi experience, oflered to our confideration by events 
which have recently taken place upon a theatre, to 
which the eyes of all tbe exclifjive patriots and republi- 
cans of our country have been turned, cannot fail to 
make a due impreiTion. Monfieur Nicker, the fa- 
vorite and popular minifler of France at the com- 
m-ncement of her late feries of revolutions, has fur- 
niihed us with fome important inftruflion on this head. 
By his advice, it is faid, if I miilake not, (and you, 
fir, can correal my error, if I be in one, fmce you 
were not only upon the fpot, but polTibly may be 
fiot without fome knowledge of the fecrei advifers of 
that advice) it was, that in the convocation of the 
ftates general, a double reprefentation was allowed to 
the tiers etat. A rat-hole in a dyke, at fome period, 
1 have not time to afccrtain when, is faid to have oc- 
calioned the overflowing of a great portion of the 
United Netherlands : — '^ Obsta princlpiis'* is a max- 
im of acknowledged merit in medicine and morals, 
and without queition might for fome time pait, and 
even yet, be applied with advantage in politics. The 
above incident of the double reprefentation in the tiers 
ctat^ trilling as it may feem, flr, compared with your 



19 

propofition for fubje^ling the executive fim^lions of 
your ftation to legiilative guidance ; and immaterial, 
as it is admitted, it would have been, had the dii?er- 
. ent orders of the dates general purfued their delibe« 
rations in dillin6l chambers, or bodies, became a flood- 
gate, by which an inundation of evils was poured in 
upon France and the furrounding nations, ftich as 
the records of hiftory can fcarcely furnifh a parallel 
to. By this duplication of their numbers, confidence 
feems to have been given to the//>r.? etat : rhey w^ere 
confequently infpired with a defire of making an ex- 
periment upon the innovating principles advocated by 
, Monfieur Turcot, and fo zealoiifly oppofed by Mr. 
Adams, to wit, the coileclion of all authority into one 
centre^ indead of having a government compofed of 
departments, legiilative, executive and judicial — the 
legiflativemoreover being compofed of dilierentbranch- 
cs or orders, and controlable by a negative in the 
executive. 1 heir flrft attempt, therefore, was to abo- 
lifli the didindtion, which had immemorially exifted 
between the nobility, the clergy, and the tiers ctat^ 
and to reduce the whole into one confolidated aflem- 
bly, in which, from their incrcafed numbers^ it was 
obvious the tiers etat would alone have the dire6tioii 
of every thing. The attempt was ultimately candied 
into effe£V by the mofi: unjufliliable means — threats 
and terror. A national convention was formed, by 
melting down the dates general into one mafs, and 
being fo formed was pleafed to condder itfelf a condi- 
tuent adembly and proceeded to the formation of a 
conditution for the nation. This was at length corn- 
pleated upon the fame principles which gave rife to 
the formation of the convention or condituent adem- 
bly itfelf ; and the government under that conditu- 
tion was put into motion. Mondeur Necker, who 
has been accufed (^b) of infidioufly and artfully draw- 
ee) Sec Debrett's colieftion of ftate papers, vol. i> page 38, U^-j* 



8o 

*ing up the orders, by which the rcprefentatlon of the 
titsrs etat was doubled and by which the fovereign au- 
tboricy was alleged to be endangered ; but who, from 
his fubfcquent conducfi:, feems to have been innocent 
of every thing like evil defign, and to have been juft- 
ly chargeable only with too great facility in yielding 
to a fpiric of innovation under the idea of reform, or 
to the infidious fuggeftions of others, was amonglt the 
moft obfervant fpeflarors of the confeqiiences which 
followed from this fyftem. In a work written by him 
ns early as the year 1792, entitled "An EiTay on the 
tnae principles of Executive power, &c." — (a work, 
wortliy of the confideration of politicians at all times, 
and of every American at the prefent time) amongfl: 
many other valuable fuggeflions he furniihes us with 
tiije followino:. 

" There exifrs, no doubr," fays he, " in the' book 
of the conilitution, two powers entirely diftin^l ; but 
the want of proportion in their refpe^tive flrength 
mnil inevitably lead to confufion : and this want of 
proportion became inevitable, when our law-givers 
(the conftituent aflembly) as I have fhewn in the 
beginning of this work, had fo long forgotten both 
the executive power and the rank it ought to alTumc 
in the forming of the conflitutionai articles. 

** It is however a maxim, become almod: prover- 
bial, that the union of powers is an attack on the prin- 
ciples of liberty. It is indeed often repeated in a 
thoughtlefs manner by thofe who can give no reafon 
for what they fiiy : but I will not repeat that which 
;ill intelligent men already know. I will only remark, 
tliatZ/^d? chief objedion made against the old form of 
government^ related to an union of pozuers which cen- 
tered in the monarch ; yet the obilacles he had to 
encounter, in the inconfiderate exercife of thefe vari- 
ous powers, were public opinion, the prevalence of 
mauncrs, the oppofition of parliaments, the rights o^^ 



8i 

provinces, and for fome time pafl:, the well founded 
refiflance of provincial adminillrations. No doubt 
the immoderate power of an affembly, compofed of 
national rcprefentatives, is not fo formidable as the 
dcfpotifm of an individual ; but it has inconveniencies 
peculiar to itfelf, and which ought to be peculiarly- 
felt by certain charadlers. 

" A numerous affembly, when it exercifes the exe- 
cutive power, can never a£t by infenfible advances ; 
all that is mild, indulgent, or accommodating to the 
frailties of men will ever appear to it effeminate ; and 
if that affembly be compofed of legiflators, their 
habitual courfe o^ thought will bring them back to 
general and decided principles. This fpirit is mofl 
confpicuous in fuch an adminiftration, in the mode and 
rigour of its punifliments. A colleflive affembly, 
obliged to renounce that forefight which prevents 
faults, that penetration which difcovers their origin, 
that mixture of indulgence and firmnefs which is bet- 
ter adapted to men than to theory and that prudence 
v^hich artfully wreftles with difficulties ; fuch an 
alTembly, unacquainted, by its legiflative capacity, 
with that temporizing and accommodation which are 
fo often neceffary in executive admlnlflration, (c) is 
continually obliged to exhibit itfelf with the extermi- 
nating fword : yet the union of feverity and power, 
though it may not be defpotifm^ prefents fo lively an 
image of it, that noble minds fometimes find it diffi- 
cult to fupport the fpe£lacle. 

" In fine, we may be alTured that a legiflative alTem- 
bly, whether from the fpirit inherent in its fun<5lions, 

(c) The mixture of indulgence and firmnefs, the prudence 
artfully wreftling with difficulties, fpoken of by Monfi^ur Neck- 
FR as a teniporifing and accomnnodation with the frailties of men, 
were happiiy cxen-vph'fisd in the conduct of the executive in the 
cafe of the v.eftern infmreftion. For a b'-ief reprefentation 
of thai conduct, fee General Washington's addrefs to coqgref* 
•t November 195 1794. 

L 



the abftnifl chara^ler which it infenfibly acquires hj 
its habitual examination of general queflions, or the 
fiinple progress of opinions and fentiments as exifling 
in large bodies of men ; fuch an affembly, 1 fay, never 
can condu£l with mildnefs and moderation that part 
of public bufmefs which is underilood by the phrafe 
executive adminiilration. It will foon come to hate 
the temporizing of which it is itfelf incapable ; and it 
will then inceffantly be told of oaths, of public accu- 
fers, high national coiu-ts, refponfible minifters, dif- 
miffion from office, death or ignominious punilhment, 
and every other invention of revenge. All the ftores 
of tyranny are difplayed to its view, to which it finds 
itfelf obliged to have rccourfe, not from the love of 
defpotifm, but to provide itfelf with the only inftru- 
ments it can employ, when it quits its legiflative 
funflions to feize on thofe of executive adminiliration. 
Yet benevolence and wifdomare equally olFended by 
this proceeding ; and that freedom of fentiment, which 
ought to reign in ail hearts, is often obliged to be 
facrificed to an ideal freedom, which, having no 
central point, fills an indefinite fpace in the fantailic 
declamations of orators and writers of romance. 

" There is no real, or at least no certain freedom ^if 
there exist in the state an authority without count erpoife: 
and what power can he the counter poife to the power of 
an ajfembly which combines in itfelf^ not orJy c'Utry legi- 
flative rights but every dojiiinion itjhall pleafe to afjume^ 
as well QVZB. JUDICIARY FUNCTIONS as over exter^ 
nal and internal ad?ninistration ? What power can be 
a countcrpoife to the independence of c.n aficmbly 
which, avoiding only thofe few faults calculated to 
excite public inquiry, finds itfelf fupe; ior to cenfure, 
and which, by continually calling the attention to new 
objc£ls, fnffers it not to turn on the opprefix^d man 
for more than a day, and feems to fliflc, by beat of 
drum, his murmurs and complaints. In fine, wha^ 



limit can be fixed to the daring of an ajjernbly ivhich 
being renewed every two years ^ and having accompUJlo' 
ed unrestrained its momentary reign ^ far fruni being 
f abject to any rcfponftbility y fuddenly df appears from 
the fccne andy like lightening^ difpcrfes itfelf in invifible 
particles ? 

" Who but mufl be terrified at the authority of 
an affembly which, in a moment and without appeal, 
decides on the honour, the fortune, and the freedom 
of citizens ; and which j profcribing by a fmall majority 
of votes an inquiry into all opinions prefuppofed con- 
trary to the fentiments of this majority, thus fecures, 
by its tyranny over the minds, its defpotifm over the 
perfons of men ? Who but mufl dread the authority 
of an aiTembly, which, on the report of one of its 
members, and without deigning to hear the accufed 
or their advocates, fills the prifons with its vi6lims ? 
Who will not dread the authority of an afiembly, 
ever ready to obey popular opinions, and which 
afterwards employs thefe very opinions to force the 
compliance of the monarch, and thus to break down 
the feeble mound which the conflitution had raifed 
to the omnipotence of the legiflative body ? In fine, 
who but mud dread the unbounded authority of a 
colie(Stive being, which, paffing in a twinkling iVom a 
hving to an abftracl: nature, has no need of compaf- 
fion, nor any fear for itfelf, either of ccnfure or con- 
demnation r If a country can be called free, which is 
under the yoke of a povv^er fo abfolute, in which fecu- 
rity of perfon, relpe£i: for property, and the mainie- 
nance of the public tranquillity depend on the tongue 
of an orator, and on the moment which he may art- 
fully chufe for gaining votes ; if a country can be 
called free, in which no balance of authority exifts ; 
where the executive power Is a vain found ; where 
rights are all imaginary ; where the opinions of the 
wife are no longer lillened to, religion is impotent. 



84 

and manners are lawlefs. If a government thus com- 
pofed can be called free, there is an end to all ideas 
of the firft principles of focial organization." (d) 

The applicability of the foregoing obferva lions of 
Monfieur JN'ECKEr, concerning the dangers which 
inevitably refult from the concentration of legiflative 
and executive powers in the hands of a legiflative 
ailembly, to your proportion, fir, of looking with 
encouragement for guidance to thofe charged with 
the fovereign fun£lions of legiflation, is too fmgular 
not to flrike the attention of the mofl heedlefs obfer- 
ver. Without any comment of my own, therefore, 
upon what has been already offered, 1 fhall proceed, 
fn% to add fome few more of the obfervations of 
Monfieur Necker, concerning the apprehenfions 
entertained by the more fober and thinking inhabi- 
tants of France and of foreign countries, upon the 
political phasnomena which then prefented themfelves, 
in the alfairs of that country. Thefe obfervations 
manifefl alfo his own melancholy anticipations of the 
evils which he then dreaded as impending over 
France, in confequence of her departure from well 
eftabliihed maxims of policy, by *^ overthrowing the 
balance of government— a balance,*' fays he •' the 
moil important obje(5i: of whofe inllitution is the fup- 
port of liberty itfelf." They fhew, at the fame time, 
an amiable anxiety to vindicate the honour of the 
nation againll the general imputation in which it feem- 
ed to be involved, by the ignorance, the weaknefs, the 
metaphyfical dogmatizing difpofition, the vanity, the 
exaggerations, and the mifchievous purfuits of popu- 
larity and power, of thofe whom the nation had 
entrufled with the management of its affairs. *'Mif- 
truft,** fays Monfieur Necker, " had long taken, 



(d) See Gli'ap. 17. " Of Executive Paivcr as connected ivi^b 
Liberty.'* 



s 



polTeffion of the fober and thinking inhabitants of 
France, before foreigners would allow themfelves to 
harbour it. It was not till after long refinance that 
foreigners abandoned us ; it was by a fort of con- 
flraint that they withdrew from us their attachment ; 
and they felt a deep and lively forrow, when they 
faw their wifhes fruflrated and their hopes vanifli. 
Their intereft diminilOhed and their hearts were alien- 
ated, when they beheld the progreffive increafe of 
diforders ; when they beheld the continual abafe- 
ment of all regular authority, and the facred max- 
ims of liberty converted into a pretext for every 
fpecies of tyranny. Their inierefl diminifhed and 
their hearts were alienated, when they flnv the peo- 
ple blinded by the hypocritical adulation of thofc 
who afpired to govern in their name ; when they 
faw, in the legiflative body, the timid imbecility of 
virtue and the daring infolence of vice ; when they 
hw the bafe complaifance of a national aiTembly to- 
wards men whofe characters were fo far tarnilhed, 
that they would not have been permitted, according 
to the laws of the ancient republics, to offer a propo- 
fition, however ufeful, to the public adoption. But 
above all did foreigners ihrink from us with terror, 
when they heard the (lory of fucceilive deeds of in- 
juflice, barbarity, and cruelty ; and when, as it too 
often happened, no man but themfelves lent an ear 
to the diftrefsful cries of the vidlims. The generous 
and the virtuous of every country abandoned alfo 
the caufe of the French nation, when they witneiTed 
its ingratitude towards a monarch whom that very 
nation had defcribed in its faili, by the glorious ap- 
pellation of The Restorer of Freedom ; when they faw 
the fliameful pleafure that was taken In idly wound- 
ing the heart of the bed of princes, and that he was 
fubje6led, in the hour of adverfity and in his retire- 
ment, to the vile and daflardly infults of the moil 



to 

'contemptible of beings, who, a little before, and wiiilc 
the Ihadow of power remained, had fervilefy cringed 
and licked the dufl beneath his feet. In fine, all 
nations defpaired of us, when they faw morality and 
rehgion rendered the laughing flock of our politici- 
ans ; when they obferved the prelumptuous hopes of 
that criminal philofophy which, having thrown afide 
the malk, pretended to fubftitute its frigid leiTons for 
the balm of piety and the infpired communications 
vhich Heaven had adapted to our weaknefs. At length 
alas ! the profperity of France is no longer fo much 
as hoped tor, and they are her bed friends that aban- 
don themfelves to the moit melancholy prcfages.-^ 
They perceive tbe arrival of the last term of ilhijton ; 
they fee the moment approach, when the bittercO: 
tears will be flied over the rich harveft which has been 
fullered to peridi, when the lead prudential eifort 
might have faved it. You who have accompliilied all 
this, with what remorfe ought you not to be flung! 
It is not your country only, it is all Europe that de- 
mands an account of that liberty, of which fortune 
had rendered you the guardians \ of that liberty, 
which, if fligacioufly directed, would have captivated 
the afledions of the whole univerfe, but which in 
your unikilful hands, is become an inllrument of fear 
and a fignal of terror. Blind and wretched guides of 
a nation deferving.of a better lot, you have facriiiced 
even her renown! Could you for a moment, but quit 
the narrow cell in which your vanity has inclofed 
you ; could you but hear what is now faid of a people 
whom you have milled, your remorfe would be eter- 
nal. ******** Meanwhile it would be unjuft to im- 
pute to the natural inclinations of the French people, 
wrongs that belong to a political conflitntion, in 
which art feems to have been exliaufled in order to in- 
troduce anarchy and the relaxation of every focial 



87 

w ^* There is not a people upon the face of the earth 
whofe manners would not be totally changed if, they 
were fuddenly cairied back to the ilate of natural ii-. 
berty, or if they were merely brought near to it by 
unnerving [he authorities deiiined to guard the pub- 
lic order. Envy, jealoufy, nay ! the mere averfioa 
excited by the unequal diilribution of property— (fca- 
timents that are at prefent contained within boimds 
by the power of the laws) would then prefent the 
mod terrible fpeclacle, fmce liberty would become the 
ally of all the palTions that inlHgate us to the abufc 
of liberty. The barriers that divide the favage from 
the civilifed Hate, are much ftronger in appearance 
than they are in reality ; they were erefted many ages 
ago, and their very antiquity offers itfelf to our im- 
agination as an index of their indeflrudlibility. — Mean- 
while, in fober reality, a few limple moral principles, 
conftitute thefe barriers, and one or two of thefe prin- 
ciples, puihcd to an extremity, would fufEce to unite 
the fpirit of independence and the fpirit of tyranny, 
the equality of the early with the corruption of the 
later ages of hifbory. A flight inattention to the ex- 
ecutive power, in the flrucSlure of apolitical conflitu- 
tion, may bring on this cataftrophe and prefent us with 
the architype of that cloud, no bigger than a man's 
hand, which, appearing in the midll of a blue and 
brilliant atmofphere, terrifies the experienced naviga- 
tor, and which at firfl almofl an imperceptible point, 
blackens by degrees the profpe(5l, and prognofticates 
the burfling of a terrible florm/* (e) 

{') See the introdu(?l on to Monfieur Necker's work. Thia 
performance, vv'jfch is, in fz€t. a comment upm the firtl French 
conftitution, throvvs great light upon the tranfadions, which oc- 
curred to the ariy part of the French revolution : ti e copy 
used was itfelf p fjted in the year 1792. The fcntimen?? and 
mnoncrs prevaletit at that period are c -ntinuaiiy cited and ap,. 
p::a!ed vq, |or tUe purpofes of iliullraiion or ci.>rroborauon.— . 



88 

Srr, I may perhaps be troublefome to you by the 
length of my quotations j but if they fhall awaken 
reflexion in your bread — or failing there, fhall roufc 
the vigilance of my fellow citizens, they will anfwer 
the defign of the original author, and of his tranfcri- 
ber : they are fubmitted without comment. 

Accept for the prefent, fir, my homage of all due 
refpe<5t and confideration. 

Your fellow-citizen, 

TACITUS. 



LETTER Vill. 



To Thomas Jefferson, Efquire^ Prejident of the 
United States, 

SIR, 

IN my lafl: letter I took the liberty of making con- 
Cderable extrads from the valuable work of Monfieur 
Necker on executive power. Thefe I fubmitted with- 
out comment, prefuming that their import could not 
fail to attrafl attention. The firil divifion of thofe 
cxtrafls prefents us with the reafoning and ideas of 
Monfieur Necker, in part, upon the fubje6l of the 
concentration of legiilative and executive powers. The 

M^nfieurNECKER's opportunities for information and obfervation, 
and his capacity to make tlie bcft advantage of ihofe opportuni- 
ties, cannot b(^ queftioned : his candour and truth in the reprefcn- 
lations made by him, (when we confider the time and circura- 
ftances of the publication, addrcffed, asit were, to thofe, whofc 
fentimnts and manners were painted) feem to be asliitle queftion- 
able. Hence a degree of credit may be yielded without hrzard 
to hi rcprefcntatinn^, which prudence would fcarcely tolerate 
with regard to the reprefentatious of moll other writer*. 



89 

fecond divifion exhibits forae of his melancholy prefer 
ges of the terrible calamities, which impended over 
France, in confequence of the fubverlion of the former 
powers of government, and the total want of balance 
in the fubftituted fyftem. 1 he horrid and bloody 
events, which fliortly afterwards took place in that 
country, realifed. but two firiiflly, his anticipations : 
from their recency, they need not a particular recital. 
A brief view of the diilrefsful flate, into which that 
want of balance threw the nation, is flrongly repre- 
sented in a report made to and accepted by, the 
French convention itfelf, on the 2 2d day of Decem- 
ber, 1794, in the name of its five principal commit- 
tees, amongR whom the affairs of the adminidration 
were diflributed, in confequence of the incapacity of 
that body to difcharge immediately, of itfelf thofe du- 
ties. " Hitherto 'faidthe Reporter. Johannot) our 
government has been a prey to all the paifions, which 
have reigned by turns, by means more or lefs violent, 
and under forms more or lefs popular. Let us be 
perfuaded, and let us proclaim it openly — ^it is to that 
perpetual change, that all our evils are owing. Our 
republican annals do not yet include three years, and 
by the multiplicity of events, twenty centuries appear 
required to contain them. Revolutions have followed 
revolutions ; men, things, events, and ideas, all have 
changed ; every thing changes yet ; and in this con- 
tinual ebb and flow of oppofite movemejits, in vain 
would the government pretend to that confidence, 
which can only be the refult of a fteady and wife con- 
^u£V, and a conftant attachment to principles.*' (a) 

The foregoing defcription of the convulfive and rc- 
Tolutionary ftacc into which the French nation wa€ 

(a) See ail cxtra<ft from this report in Mr. Randolph's letter 
off June ill, 1795, ^° ^''' ^ioNROK, in the appendix to Mr. 
M()NRob.*3 View, page 243. Sec alfo Debk&tt's collcdioo, 
Tol. 2, page 235. 

M 



thrown, confiderin^ the fource From whence it come?, 
though like the defcription of the cHiFs oF Dover, it 
even in contemplation feems to render our mental vill- 
oh dizzy, yet cannot be fufpcclcd oF being erroneous, 
or overcharged : it is the reprefentation oF the au- 
thors themfelves, in great part oF that Hate, when 
they came to be (Iricken with aftonifliment at the re- 
Fult oF their own work. Such in Fa6l was, and Fuch 
in reafon Feems inevitably to be, the conFequence oF 
an unbalanced government, whether the want oFthat 
balance proceed From an organization originally de- 
Fe^live in the didribution oF power — or whether un- 
der an organization originally correct, it proceed From 
an evaFion or FubverFion oF the checks and barriers eF- 
tablillied to keep Feparate and dilFin^l the operations 
oF the great departments oF power, through unFaith- 
Ful Furrender on the one hand, or unprincipled uFur- 
pation on the other. 

AmonG[{l the evils reFultinc{ From Fuch a flate of 
things, are to be reckoned not only the atrocities oF 
the palling Icenes, but an unavoidable general de- 
pravation oF manners and perverFion oF ideas, Fpring- 
ing From the worft paFTionsoF our nature, Itimulated 
to a degree oF madneFs, and turned looFe by the licen- 
tiouFneFs oF anarchy. Whild thoFe atrocities render 
unhappy, in the extreme, the exiting (late ; that 
depravation oF manners and perverFion oF ideas ren- 
der hopeleFs a return to any thing like " the benign 
influence oF good laws under a Free government." 
— ^Not peace, but barely acelTation From. convulFions, 
is all that can be hoped For, and that too From the 
flerneft military defpotifm. 

In order to remedy the evils, under which France, 
agreeai^ly to- the Foregoing mallcriy picture, laboured 
in that her unbalanced 'hue, and in order to fix thoFe 
principles, to which a dear-bought experience had 
then taught the neceffity of a conftant attachment, an 



91* 

elFort was made by the formation and adoption ' of a 
new conftitution. 1 hat conftitution reje<5led the vifion- 
«iry ideas of Monfieur Turcot for collefling all au- 
thority into one centre, and fought to eflablifli a go- 
vernment, in which a due diftribution of powers might 
be made amongfl different co-ordinate departments. 
A iegiflature was formed, not without attention to 
principles, being divided into two branches 5 but in 
relation to the executive, a mod unwife experiment 
was hazarded, in entrulling the powers of that de- 
partment to a directory of five members. The hiito- 
ry of that part of the revolution, which fell under 
the directorial government, being of a Hill more re- 
cent date, the lefs needs particular recital. The un- 
principled and violent interference with the rights of 
election, conceded by the conftitution to the people, 
which immediately took place, and was contmually 
repeated in one form or another ; the difcord in the 
direcSlory itfelf, and the attendant feuds, which pre- 
vailed in the government generally ; the feizure of 
the aged, ■ the venerable and mild Barthelemi, one 
of the members of the dire6lorial body, and his tranf- 
portation, together with almoll every member of cha- 
ra£ler and refpe61ability in the twolegiflative councils, 
to Cayenne ; in order that they might there perlifli 
amidft the putrid exhalations of that diftant region, 
unpitied as unfeen, would have been fufEcient to cha- 
raClenfe that government with its plural executive, had 
not the tale of Carnot, another of the members of 
that body, doomed by his brethern to the poignards 
of alTaffins, come in aid, to unfold fcenes, to which the 
whole hiftory of human depravity furnillies nothing 
equal. — (/>) 

The diffolution of the Dire<5lory, and with it th(^ 
dlllblution of the fyftem, of which it was a conftitii- 
cnt part, were effefled by the attack of the prefent 

(3) See appendix, No. 12. 



3^ 

Chief Conful ; not Indeed folely, fmce the way for 
that dilToIution had been previoufly prepared by the 
tyranny of the dire<ftory itfelf, and by its inherent 
principles of difcord, in confequence of its plurality : 
the refult moreover was doubtlefs facilitated by the 
general depravation of manners and perverfion of ideas, 
holile to government of every form, which had fprung 
as before flat ed, from previous diforganization and 
anarchy. 

To characterize the prefent confular government, 
which has fucceeded, is unneceiTary. Suffice it to fay, 
it is fubRantially that, which every man, whofc 
mind had not been blinded by political infatuation, 
had long fmce forefeen, muft terminate the anarchial, 
convulfive, and revolutionary ftate of France, prepara- 
tory to a more fettled order of things ; and before 
even the civilized nations of the world could, with 
fafety, come into general and peacable contaCl: with 
that nation. Mr. Burke, fo long fmce as in the year 
1793, fpeaking of the re-eilablilhment of the affairs 
of France, falls into the following obfervations. 

" Whatfupport, or what limitations the reftored 
monarchy muft have, (faid he) may be a doubt ; or 
how it will pitch and fettle at laft. But one thing I 
conceive to be far beyond a doubt — that the fettle- 
ment cannot be immediate ; but that it muft be pre- 
ceded by fome f©rt of power, equal at leaftin vigour, 
vigilance, promptitude and decifion, to a military go- 
vernment. For fuch a preparatory government, no 
flow-paced, methodical, formal, lawyer-like fyftem ; 
ililllefs that of a fhewy, fuperlicial, trifling, intrigue- 
ing court, guided by cabals of ladies, or of men like 
ladies ; lealt of all, a philofophic, theoretic, difpu- 
tatious fchool of fophiftry. None of thefe ever will, 
or ever can, lay the foundations of an order that can 
laft. Whoever claims a right by birth to govern 
there, muft find in his breaft, or muft conjure up in 



•3 

it, an energy not tobeexpe6^ed, perhaps not always 
to be wiihed for, in well ordered (la tes. The lawful 
prince mufl have, in every thing but crime, the cha- 
rader of an ufurper. He is gone, if he imagines 
himfelf the quiet pofleiTor of a throne. He is to con- 
tend for it, as much after an apparent conqueft, as 
before. His tafk is to win it ; he mull: leave poileri- 
ty to enjoy and to adorn it. No velvet culliions for 
him. x]c is to be always (I fpeak nearly to the let- 
ter) on horfe-back. 1 his opinion is the refult of much 
patient thinking on the fubjecfl, which 1 conceive no 
event is Hkely to alter." — [c) 

The prefent (late of France, it feems then, what- 
foever it be, whether it be a itate preparatory ro the 
reftoration of the ancient order of things, or whether 
it be the ellablimment of a new dynafty, is the necef- 
fary confequence of the wild, impra£licable theories, 
and innovating fpirit, which prevailed in the com- 
mencement of her revolution. Her confu.ar govern- 
ment, whatever may be its chara<fter, is a portion of 
that confequence. The refult, we find, v/as long fnice 
fubftantially anticipated by political fagacity, and has 
been verified in the event. The conneflion of each 
itep, in the progrefs of the drama, frOm the com- 
mencement of the firft adl to the final cataftrophe, is 
now eafy to be traced ; whilH: the fcenes and their fuc- 
cellive changes are yet frefli in memory. Who, after 
this, can doubt the tendency of a concentration of 
legiflative and executive powers, or the efFeds of a. 
^/z/r^/ executive ? 

" The political liberty of the fubje<5l is a tranquility 
of mind, (fays Montesquieu) arifmg from an opi- 
nion each perfon has of his fafety. In order to have 
this liberty, it is requifite the government be fo con- 
ftituted as one man need not be afraid of another, 

(c) See Mr» BuBKii's Pefthumous Weik?, part ift, page iB$*^ 



94 

'' vvhen iixc leglflative and executive powers are 
united in the fame perfon, or in the fame body of 
magidratcs, there can be no hberty ; becauie ap- 
prehenfions may arife, lell: the fame monarch, or 
ienate, fliould ena^i: tyrannical hiws, to execute them 
in a tyrannical manner. 

" Agaiuj there is no liberty, if the power of judging 
be not feparated from the legiilative and executive 
powers. Wore it joined with the legiilative, the life 
and hberty of the fubjecl would be expofed to arbitra- 
ry control ; for the judge would be then the legifla- 
tor. Were it joined to the executive power, the 
judge might behave' with all the violence of an op- 
prellor. 

"• There would be an end of every thing, (con- 
cludes MoNTESQj_]iEuj were the fame man, or the 
fame body, whether of the nobles, or of the people, 
to exercife thofe three powers, that of enabling laws, 
that of executing the public refolutions, and that of 
judging the crimes, or diifcrences, of individuals.'' (^) 

''It is imponant likewife, yicud Washington^ 
that the habits of thinking, in a free country, ihould 
infpire caution in thofe cntrufted with its adminiltra- 
tion, to confine themfelvcs within their refpeclive con- 
ftitutional ipheres, avoiding in the exercife of the pow- 
ers of one department to encroach upon another. The 
fpirit of encroachment tends to confo:idate the powers 
of ah the departments in one, and thus to create, 
(whatever may be the form of government,) a real 
defpotifm. A juit eftimate of that love of power, and. 
pronenefs to abufe it, which predominates in the 
human heart, is fuiTicient to latisfy us of the truth of 
thii poll t ion. The neccility of reciprocal checks in 
the exercife of political power, by dividing and diftri- 
buting it into ditkrent depolitaries, and conllituting 

{d) Montesquieu's Spirit of Laws.-— Book 1 1, cliapfr 6. 



each the guardian of the public weal, againfl: Invafions 
by the others, has been evinced by experiments an- 
cient and modern: fome of them in our country and un- 
der our own eyes. To preferve them mud be as ne- 
ceiTary as to inftitute them." (e) 

If, fir, the wifdom of Montesquieu, and the 
benevolent warnings of Washington, have loft any 
thing of their weight, by the change of times in this 
new and boalled asra, of your adminiftration ; 
furely the tremendous and awful warnings of revolu- 
tionary and confular France ought to be fufficient to 
awaken to apprehenfion the mind of the moft adven- 
turous innovator, to roufe to feeling the indifference 
of political apathy, and to heal even the blindnefs of 
political infatuation itfelf. 

The wild theories, which prevailed in France, may 
have originated, and probably did originate in part, 
in honeft, well-meaning error : where fuch has been 
the cafe, however lamentable the confequences, thofc 
who beft know hov/ difficult it is to imprefs on man- 
kind the importance of fome of the moft weighty 
truths, fave by the refult of their own experience, will 
not be backward to yield a generous portion of al- 
lowance and fympathy. But who, at the prefent 
period, ought to be admitted to fet up, by way of 
palliation or excufe, a plea of ignorance of the ten- 
dency of principles, calculated to concentrate the 
legiflative and executive powers of government ? If 
there be, by poflibility, any who ought be admitted 
to fuch plea ; yet, Sir, . you of all men muft be ex- 
cluded from that admiffion. Brought up from your 
infancy in a country, where the principles of the divi- 
lion of power had acquired the force and authority of 
fundamental maxims, ufed and approved by our an- 

(t) Washington's farewell addrcfs. S"e inftanccs cited in 
£vc valuable Ieuer;i lately pubiifticd by a friend to the coaftkutioor 



S4 

ceftors from time, to the contrary whereof the mo* 
mory of man runneth not, you had long fmce 
^previous to the warnings of revolutionary France) 
become fully fenfible of, and had admitted their im- 
portance. In the year 1774 you plainly alluded to 
thefe principles, amongfl: others, when, in fpeaking 
of the migrations of the Saxons *' from their native 
wilds and woods in the North of Europe," you were 
pleafed to flate that they " had pofleiTed themfelves of 
the illand of Britain- then lefs charged with inhabi- 
tants, and had eftabliihed there that fyftem of laws 
which has fo long been the glory and protecftion of 
that country.'Vy.) In the year 1782 you were pleafed 
to tefl, by thefe principles, the conflitution of your na- 
tive itate: your words upon this fubie(5l, though in the 
hands of mod men, are fo appofite to m.y prefent pur- 
pofe, that I trufl, I ihall be excufed for infcrting 
them. In reviewing the defeats of the conflitution 
of Virginia, you are pleafed, under your fourth head 
or divifion to ufe the following obfervations. 

*' All the powers of government, legillative, execu- 
tive, and judiciary, refult to the legiflative body. The 
concentrating thefe in the fame hands is precisely the 
definition of dcfpotic government. It will be no allevi- 
ation, that thefe powers will be exercifed by a plura- 
lity of hands, and not by a lingle one. One hundred 
and feventy three defpots would furely be as oppref- 
five, as one. Let thofe who doubt it turn their eyes on 
the republic ot Venice. As little will it avail us, that 
they are chofen by our ourfelves. An elective defpo- 
tifm was not the government we fought for; but one 
which fhculd not only be founded on free principles, 
but in which the powers of government (hould be fo 
divided and balanced among feveral bodies of magif- 

(f Su -mary View of the Rights of Britifli America, page 6. 
— Rci'hiitcd by J. Dunlap, i774» 



97 

tracy, as that no one could tranfcend their legal lim- 
its ; without being efFedtually checked and reftrained 
by the others. For this reafon that convention, which 
palTed the ordinance of government, laid its founda- 
tion on this bafisj that the legiflative, executive and 
judiciary departments fliould be feparatc and diftinfl:, 
fo that no perfon fliould exercife the powers of more 
than one of them at the fame time. But no barrier was 
provided between thefe feveral powers. The judi- 
ciary and executive members were left dependent on 
the legiflative, for their fubfiftence in oiFice, and fome 
of them (the members of the executive council) for 
their continuance in it. If therefore the legiflature 
aflumes executive and judiciary powers, nooppofition 
is likely to be made, nor, if made, can it be effectual, 
becaufe in that cafe they may put their proceedings 
into the form of an d.S: of aflembly, which will render 
them obligatory on the other branches. They have 
accordingly, in many inflances decided rights, whicli 
fliould have been left to judiciary controverfy : and 
the dire^lion of the executive, during the whole time 
of their feflion, is becoming habitual and familiar. 
And this is done with no ill intention. The views of 
the prefent members (in 1782) are perfectly upright. 
When they are led out of their regular province, it is 
by art in others, and inadvertence in themfelves. And 
this will probably be the cafe for fome time to come. 
But it will not be a very longtime. Mankind foon learn 
to make interefl:ed ufes of every right and power, which 
they poflefs, or may afliime. The public money and 
public liberty, intended to have been depofited with 
three branches of magiflrac}'', but found inadvertently 
to be in the hands of one only, will foon be difcovered 
to be fources of wealth and dominion to thofe who 
hold them ; diflinguiflied too by this tempting cir- 
cumflance, that they are the inilrument, as well as 
the obje^l of acquifition. With money we will get 

N 



9$ 

men, fald Caesar, and with men we will get money. 
Nor ihouJd our aifembly be deluded by the integrity 
of their own purpofes, and conclude that thefe unli- 
mited powers will never be abufed, becaufe themfelves 
are not difpofed to abufe them. They Ihould look 
forward to a time, and that not a didant one, when 
corruption in this, as in the country from which we 
derive our origin> will have feized the heads of go- 
vernment, and be fpread by them through the body 
of the people ; when they will purchafe the voices of 
the people, and make them pay the price. Human 
nanire is the fame on every fide of the Atlantic, and 
-will be alike influenced by the fame caufes. The time 
to guard againft corruption and tyranny, is before 
they flial! have gotten hold on us. It is better to keep 
the wolf out of the fold, than to truft to drawing his 
teeth and talons after he fnall have enteVed." 

Under your fixth head or divifion, you are pleafed 
to ftate amongfl: other things, that " in December 
1776, our circumdances being much diftreffed, it was 
propofed in the houfe of delegates to create a dictator, 
inveded with every power legiflative, executive, and 
judiciary, civil and military, of life and of death, 
over our pcrfons and over our properties : and in June 
J 78 1, again under calamity, the fame proportion was 
repeated, and wanted a few votes only of being paf- 
fcc." And near the clofe of that article, you are 
pleafed to obferve, '' fearching for the foundations of 
this propofition, /^for creating a didator J I can find 
none, which may pretend a colour of right orreafon, 
but the defe£l before developed, that there being no 
barrier between the legiflative, executive, and judi- 
ciary departments, the legiflature may feize the whole; 
that having feized it, and poflefTing a right (by afTump- 
tion only) to fix their own quorum, they may reduce 
that quorum to one, whom they may call a chairman, 



99 

fpeaker, dl(5lator5 or by any other name they 
pleafe/' (g) 

Can demonflration more compleat be dcfired. 
Sir, of your perfecft knowledge of the tendency of 
the concentration of the powers of government, than 
the publication and repeated re-publication of fenti- 
ments and obfervations, fuch as the foregoing ? 

After having dated, Sir, that " the concentrating 
the powers of government, legiflative, executive and 
judicial in the fame hands is precifely the definition of 
defpotic government ; after having declared, that 
'' it will be no alleviation, that thefe powers will be 
exercifed by 2i plurality of hands, and not by a fmgle 
one;** after having declared, that "as little will it avail 
us, that they are chofen by ourfelves ;" after having 
declared that *' fearching for the foundations of this 
propofition*' (repeatedly made in your native ftate for 
creating a didlator, in vefted with every power legiflative, 
executive and judicial, civil and military, of life, and 
of death, over our perfbns and over our properties) 
" you could find none which might pretend a colour 
of right or reafon, but the defedl before developed, 
that there being no barrier between the legiflative, 
executive, and judiciary departments, the legiflaturc 
might feize the whole:" What, I fay, after thefe 
things, are we to think of your declaration, made at 
the moment of your entering into the excutive func- 
tions of your ftation, that you looked with encou- 
ragement for guidance, to thofe charged with the 
fovereign functions of legiflation ? 

The principles, neceifarily involved in that decla- 
ration, have confl:ituted the principal obje£l of the 
prefent enquiry. In the courfe of my enquiry, I have 
endeavoured alfo to demonflrate certain incidental 
points, intimately connefled with the principal objc*!^:, 

(^) Notes on Virginia. Query 13, and Reply. 

•LqFC. 



ipo 

and of the truth of.wljjch, from the mod attentive 
obfervation, 1 felt m3''felf under the mod: abfolute con* 
vic^ion. The ,firft of thefe incidental points was the 
exiflencc. of a fyftem of inveterate hoftility againfl the 
conflitution of the United States, uniformly and fteadi- 
Iv purfued from the adoption of the government to 
trie moment of your prefent elevation ; the fecond of 
thofe incidental points was. Sir, your participation in 
that inveterate hoftility, for along time fufpeiSted, but 
ftudiouily concealed by extravagant and infmcere pro- 
feflions, till it was- at length fairly brought to light. 
Whether I may have been fuccefsful in impreffing a 
convi<n:ion, fnnilar to my own, on the minds of others^, 
in relation to thefe points, I know not } but the 
grounds of my convi<51ion, are fairly before the public, 
and open to difcufTion ; that difcufnon is invited ; for 
if 1 be in an error, it would be to me, and doubtlels 
to many others, who have not known what to make 
of thefe things, a fource of infinite fatisfa^tion to be. 
convinced of the rights The foregoing points being 
cflabliflied, from a correal review of authenticated stnd 
notorious evidence,, as is fuppofed j the tendency of 
the principles involved, Sir, in your declaration recur- 
red* : that tendency has been ihewn from authorities 
the moft refpe^lable, and from the refults of recent 
'experience upon the mofl confpicuous theatre of the 
political world. In fine, Sir, that tendency, and your 
perfe£f knowledge of that tendency^ long previous to. 
any recent events, are now demonflrated in your own 
wordsl It only remains for your fellow citizens to- 
judge of the motives and views, which could have in- 
fluenced you in th^ choice of the eourfc, which you 
havea^owed. They doubtlcfs are competent to de- 
cide, whether it be a reafonable inf<:rence, that he 
who avows his purfuit of a certain courfe, neceifarily 
involving certain principles, with a perfe(St knowledge 
of the tendency of thofe principles, thereby iatends^ 



certa^ confeqnences conformable to that tendencya 
If thofe principles neceflarily tend to produce a con^ 
centration of the powers of government, and that con- 
centration be precifely the definition of defpotic go- 
vernment, it neceiTariiy follows, that the eftablifhment 
of defpotic government is the object aimed at in the 
adoption of fuch courfe and principles* 

Yourfcllow citizens then cannot be at a lofs for your 
motives and views, efpecially when they fliall duly 
appreciate, as doubtlefs they will, your fage reflciftions, 
that *' mankind foon learn to make interelted ufes of 
every right and power, which they poffefs, or may 
alTume :" that " the public money and public liberty 
intended to have been depofited with three branches 
of magiilracy, but found inadvertently to be in the 
hands of one, will foon be difcovered to be fources of 
wealth and dominion to thofe who hold them ; diftiu- 
guilhed too by this tempting circumftance, that they 
arethe inilrument, as well as the objecl, of acquifi- 
tion." Your fellow citizens, fir, cannot be at a lofs^ 
duly to eftimate your anxiety for the fafety of their 
rights, and the fincerity of your tender feelings for 
the poor, when they recoil e6i:, v^ith what degree of 
candour and fincerity your condu£l: towards others has 
beenmarked. Revolving thefe things, they will doubt- 
lefs weigh well your admonition, now^ nearly of twen- ' 
ty years Handing, that " they fhould look forward to 
a time, and that not a diftant one, when corruption in 
this, as in the country from which we derive our ori- 
gin, will have feized on the heads of government and 
be fpread by them, (in attempt, we hope only; through 
the body of the people ; and when they will purchafe 
the voices of the people, and make them pay the 
price." Whether the period, anticipated, has now ar* 
rived can only be determined from a general and con- 
nested view of the principles and condu6l of thofe, wha 
pofTefs an afcendcncy in power. But what may no* 



102 

be rcafonably apprehended, (notwithflanding any pro- 
feflions vvhich have been, or can be made, (h) from 
thofe who have been found capable of calumniating, 
in the fouleil manner, the firil worth of our country, 
and whilft that calumny remained in confidence, were 
(111 I capable of external profelTions of the moil profouiid 
refpe(5t for that worth ? 

Having, fir, gone tlirough with my examination of 
your political principles upon the point propofed in my 
fecond letter, I fubmit it to the judgment of my fel- 
low citizens, whether in this eilay for the diffufion 
of information, I bejufily chargeable with contribu^ 
ting to " an ocean of calumny under which it has been 
thought expedient to endeavour to overwhelm your 
name'* whilil I have uniformly lupported every pofition 
by fpecific evidence ? whether, in arraigning at the bar 
of public reafon the fubjedls of my animadverfions, 
1 have not arraigned abufes of a tendency mod dan- 
gerous to thcconfi:itution, and to all the important ob- 
jects of its eftablifliment ! and finally whether in doing 
thefe things, I have exceeded the right or deviated 
from the duty common to all citizens ? 

Accept, fir, the homage of my due refpefl and con- 
fideration. 

Your fcllow-ciiizen, 

TACITUS. 

fh) See Mr. JhRFFFRSoy's Inaugural Atidrefs March 4tli 
1797, as w€^^ *i* that of March 4 iboi, appcnjix No. 13 and I4» 



LETTER IX. 

To Thomas Jefferson, Efquire^ Prefidcnt of ibe 
Uniisd States, 

SIR, 

YOUR affent to a late a<^ of Congrefs, for the 
purpofe of repealing a law of the preceding feflion, 
for the more convenient organization of the courts of 
the United States, being announced in due form, it 
feems to be an incident too important to be neglect- 
ed in a review of your political principles and conduct. 
This acTt is obvioully levelled at the independency of 
the judiciary of the United States. Its avowed ob- 
ject is to remove from office, without the impucation 
of raifcondu(ft, judges, who, by the explicit terms of 
the conftitution, were to " hold their offices during 
good behaviour." 

The power to eite£l this objeifl: was doubtlefs great- 
ly defu-ed by thofe who wiflied to give full fcope to 
party vengeance, efpecially the eager expe6lants of 
office ; but the fruitful minds of the moft intelligent of 
your partizans, previous to the meeting of Congrefs, 
feem to have been at a lofs both for a pretext and the 
means. Even judge Pendleton of Virginia, though 
impelled by a vehemence of devotion to your views, 
which erafcd from his mind the recollection of a for- 
mer exertion, headed by hirafelf, in defence of judi- 
eial independence, could difcover no mode under the 
existing conftitution of the United States, fave that 
of impeachment. To fullain aproc-edure of that fort, 
proof of official miibehaviour was neceffiuy. All 
pretext for fuch charge was wanting. He was there- 
fore compelled, (as he feems to have conceived) to 
content himfelf with a propofition for fo altering the 
eonflitutiori of the United States, in the forms pre- 



1(54 

fcribed by that inllrument, as to authorize the remo- 
val of the judges " by the concurring vote of both 
houfes of congrefs." (a) Had he conceived, that an 
a61 of congrefs, fubftantially the fame with the alte- 
ration which he propofed, was competent to the fame 
objeft, is it probable that his impatience would have 
brooked the delay, neceifarily attendant on every re- 
gular conilitutional amendment or alteration ? The 
h6t, that fuch propofition was made by Mr. Pen- 
dleton on the one hand, and the ena(flion of this 
Jaw on the other, conclufively prove one of two 
things ; either the ignorance of Mr. Pendleton of 
the import and extent of the provifions of the con- 
ftitution of the United States, in relation to the te- 
nure of the offices of the judges ; or the violation 
of the conllitution by thole who had folemnly fworn 
to fupport, and by him, who had as folemnly fworn 
to preferve, prote6i: and defend that inflrument, fo 
ciTential to the union, peace and happinefs of our 
country. 

High-handed, as feemed this meafure to Mr. Pen- 
dleton, it now appears, fir, to have been contem- 
plated by you, in your addrefs to congrefs at the 
commencement of the prefent feffion. Your obfer- 
vations, it is true, (^according to the courfe ufually 
character iilic of thofe, who dcfign to make of ochers 
blind inftruments of their unexplained defigns) were 
conceived in terms of vague and general import, ca- 
pable of being conftrued into various meanings, ac- 
cording to circumflances fubfequently to be explored. 
(b) The mode of exploring what remained to be 

(a) See the addrefs of judge Pkkdletov of Virginia, under 
the motto, *' The danger not ever,*' — propofition 3d ; pubh'fhed 
in the Wafliingtou Fcderalift of Novenriber 16, 1801, from the 
Iixamfn«r, a paper publifiied in Virginia. 

(/>) For the ixprtfiions alluded to fee appendix No. i4' 



105 

known In relation to this fubjecl, before a decifive 
coiirfe fliould be taken ; we are no longer at a lofs 
to conceive, if the declaration made on the floor of 
congrefs (by the honourable gentleman who here- 
tofore proclaimed, with apparent fatisfa^llon, the fet- 
ting of the Sun of Federalifm) be correal, and who 
can queflion its corre£i:nefs ? 

A half-dozen confidential members of either houfe 
of congrefs, being clofetted before the formal intro- 
duftlon of a meafure, and being thus initiated into the 
fecrets of the cabinet, become moft convenient auxi. 
liaries in afcertaining the pra(5licability of any favo- 
rite meafures, previoufly planned and defigned. Ac- 
cording to their report, a definite fenfe might be af- 
fixed, in due time, to terms before indefinite: or an 
object, when found to be imprafticable, might be a- 
bandoned altogether, without being ever drawn from 
behind the curtain of vague generality. In cafe of 
fuch abandonment, on a difcovery of a defect, of ne- 
cefi!ary fubferviency, fhould the fcrutinizing eye of 
political vigilance chance to efpy the obje6l really con- 
templated, and dare to arraign it at the bar of pub- 
lic reafon, fuch generality of terms might more- 
over furnifii a fair pretext for charging any fuggef- 
tion of fuch objecl, to a difpofition to overwhelm your 
name in an ocean of calumny. 

The precious debate, fir, which has furnifhed % 
foundation for the remarks immediately preceding ; 
(whilfl the independence of fentiment, difplayed in 
the difclofure, does real honour to the principal cha- 
racter engaged in that debate) will probably deferve 
the attention of the public on more occafions than 
the prefent : it will furniili, if we be not greatly dc- 
ceivedj a correal explanation throughout of your An- 
gular condefcention in looking with encouragement 
for guidance to thofe charged with the fovercign func- 
tions of legillation. In the clofet fome half-dozen 

o 



io6 

members being Initiated into the plans and views of 
the adminiltratioTi, are there to be taught the mode 
of that guidance, which may be acceptable to your 
fovereign will and pleafure. To the propofitions to 
be made by any of thefe half-dozen, a majority of 
their brethern are to be trained, if pofTible, to give 
their fupport, not only without information, but oc- 
caljonally in a courfe even of filent legiilation. (c) 
Sucp, fi^, at leaft feems to be the obvious tenor of 
this firgular difclofure> confirmed by as fmgular oc- 
currences, during the prefent felTion. (r/) But what- 
ever may have been the courfe obferved, in relation 
to the principal obje£l of the prefent difcuffion, it is 
no longer material to perplex ourfelves with conjec- 
tures ; fjnce the meafure has been effected and your 
fanflion, fixing the meaning of the terms ufed in your 
addrefs, is now matter of the highefl publicity. 

Painful as is the knowledge of the completion of 
this meafure, your fandion, fir, has excited no fur- 
prife. Previous to the commencement of the pre- 
fent feffion of congrefs ; nay, fir, at the very mo- 
ment when your fentiments were firft proclaimed in 
favour of the concentration of the legiflative and ex- 
ecutive powers of the government, it was forefeen 
that the independence of the judiciary would be the 
firll: objeft of attack, if the fuccefs of that attack could 
be, in any tolerable degree afcertained. It was hoped, 
however, that few wxre polfeffed of fuch hardihood, 
as to difregard the mod acknowledged principles of 
found policy, when fpecifically enjoined with the ut- 
moil foiemnity of conflitutional fancStion, and in terms 

(c) See the fpeech of the honourable Mr. Davis in appendix 
Ko. 15, taken trom the Wafhington Federalllt of February 16, 

X802. 

(c/) See partfciilarly the Waflilngron Federalifl of February 
5. 1 802, f»r the mode of rtjeftiiig a call for information, and 
alfo a fpecimcn of dumb Icgtflatioa. bte alfo Appendix, No. 
il5, for a part of the debate. 



107 

(o plain, that he that runs may read. It was ho- 
ped, if neither the folemn official obligation to fup- 
port the confUtution nor a regard for its principles 
could reflrain the headlong fpirit of party ; that yet 
a dread of the refentment of the people, Twho af- 
furedly wifli the prefervation of the conftitution, and 
confequently of the independence of the judiciary, 
one of its mofh important and valuable features) would 
have flood as an infuperable barrier in the way of 
this attempt. The difappointment of thefe hopes is 
a fource of real furprife, and profound regret. But 
the meafure being effected, it were idle now to re- 
monftrate with thofe who have adively co-operated 
or even with thofe who have reluctantly fufFered 
themfelves to be dragged along to concurrence, in 
this unfortunate tranfaClion : they mud be left to 
awaken to remorfe, as times and events fhall difclofe 
the effeds of then* infatuation. It were equally idle; 
to dwell on the particular injuries of thofe, who by 
this meafure are to be deprived, without caufe, of 
their official ftations. Injuftice, indeed, in every form 
deferves our reprobation : but did the injuries 
fuflained relate folely to the individuals who fuffisr, 
they might be carried to that general account in which 
it has been admitted, even the bed were to fliare ^ 
and of which, when every difcount fhall have been 
admitted, and fhall be found to be infufficient in a 
day of impartial reckoning, charity would be difpo- 
fed to clofe the balance, by an allowance, as of grace, 
to the frailty of poor human nature. But the injuries 
refultingfrom this meafure flop not with the indivi- 
duals : the independence of the judiciary, and the 
impartial adminiltration of juflice, are infeparably 
connected, both by the conditution and in the nature 
of things, with the permanency of the commiffions. 
of the judges during good behaviour. The emolu- 
ments of office, att'^ched to fuch commiffions, may be 



io8 

the rights of the Individuals ; but the independence 
of the judiciary, infeparable from that permanency, is 
fomething more than individual right : it is one of 
the moft important and vakiable public rights of the 
people of the United States, eiTential to the prefer- 
vation of every other right, whether of life, of li- 
berty, of property, not only in relation to the pre- 
fent generation, but in relation to millions yet un- 
born. 

Of the foregoing truths none, fir, have been here- 
tofore under ftronger conviction than yourfelf. Your 
ov^^ri words have been, in a preceding letter, quoted, 
demonflrating — i. Your knowledge of the tendency 
of a concentration of the legiflative, executive and 
judicial powers of government, to create a defpotifm 
— 2dly. Your full convi6lion that neither a plurality 
of hands, nor the elective nature of our government 
would in any degree palliate that defpotifm, if intro- 
duced by fuch concentration — 3dly. Your earnell: de- 
fire, that " the powers of government Ihould be fo 
divided and balanced among feveral bodies of m^agif- 
tracy, as that no one could tranfcend their legal limits 
without being efFe£fually checked and retrained by the 
others'* — 4thly. Your regret, when on any occafion 
you perceived that " no barrier was provided between 
thefe feveral powers" — and jthly* Your admiilion, 
that to leave " the judiciary and e5:ecutive members 
dependent on the legiilative for their fubfilicnce in of- 
fice," and flill more to leave them ^iependent " for 
their continuance in it," was to expbfe " the execu- 
tive and judiciary powers" to legiilative affumption, 
and to render oppofition ineffeCfual agaiiift fuchaflump- 
tion, whenever it Ihould be attempted. But the means, 
fir, which you yourfelf, of your ovv^n mere motion and 
freewill, propofed, in order to eftablifli barriers again ft 
this afTumption and confequent concentration of pow- 
ers, neceiiarily refuliing in defpotifm, remain to be 



109 

difclofed. To this difdofure your attention is now 
particularly foiicited. If it be not in your power to 
reconcile your aflent to the late law, levelled at the 
independence of the judiciary of the United States, 
with the principles heretofore maintained by you ; it 
may behove you to confider, whether it be not requi- 
liteto prepare to meet thatjufl indignation of an in- 
jured people, which your fmgular departure from 
thofe principles mufl: affuredly, ere long, bring upon 
you. Since it is to you and to you only that the peo- 
ple of thefe United States mud and ought to look, as 
the chief author, as well as final fan£lioner of this un- 
happy meafure. Your auxiliaries will probably be 
viewed, as it is prefumed they ought to be, fmiply, as 
fubordinate agents and inftruments in your hands. 

Diilatisfied with the exifling conflitution of your 
native Hate, becaufe, though the foundation of the go- 
vernment was laid on this correal bafis, that the legil- 
lative, executive, and judiciary departments fliould be 
fcparate and diftinfi:, no barrier was provided between 
thefe feveral powers ; you, fir, in your high concern, 
*' to declare thofe fundamentals to which all our laws, 
prefent and future, fliould be fubordinate" were pleaf- 
ed heretofore to prepare " the draught of a fundamen- 
tal conftitution for *-Vc commonwealth of Virginia." — - 
This, fir, your vanity, or your evil genius, induced 
you to give to the world, by way of appendix to your 
Notes on Virginia : in that draught you propofcd, in 
definite form, thofe barriers which you conceived 
requifite to prefcrve the independence both of the ex- 
ecutive and judicial departments, againfl: the undue 
enterprifes of legiflative ufurpation. (e) 

After declaring, in that draught, that " the powers 
of government fliall be divided into three diftinfl de- 
partments, each of them to be confided to a feparate 

(t) See the appendix to the KOtes on Virginia; No. 2. 



no 

body of maglflracy ; to wit, thofe which are legilla- 
tive to one, thofe which are judiciary to another, and 
thofe which are executive to another." That '' no 
perion or collection of perfons, being of one of thefe 
departments, iball exercife any power properly be- 
longing to either of the others, except in the inftan- 
ces, herein after exprefsly permitted," you werepleaf- 
ed to proceed to the formation of thofe departments 
refpeclively. 

In relation to the judiciary, we find the following 
provifions. 

" 'I he judiciary powers fliall be exercifed by Coun- 
ty Courts and fuch other inferior courts, as the legif- 
hiture (hall think proper to continue or to ere6l : by 
three Superior Courts, to wit, a Court of Admiralty, 
a General Court of common law, and a High Court 
of Chancery." 

^' 1 he judges of the high court of chancery, gene- 
ral court, and court of admiralty, fhall be four in 
number each, to be appointed by joint ballot of both 
houfes of affcmbly, and to hold their ofiices during 
good behaviour." 

Thus we find, that the judges of your three fupe- 
rior courts were " to hold their offices during good 
behaviour," without any other reltridion or limitation 
^vhatfoever. The extent of the meaning, annexed 
by you to thofe terms, were they otherwile doubtful 
in their import, is conclufively alirertained, by a fub- 
fequcnt provifion, in the fame draught, relative to the 
'* juflices or judges of the inferior courts." After 
declaring that they alfo "^ fliall hold their offices dur- 
ing good behaviour," you thought it requifite to add, 
*' or the existence of their court ^* thereby admitting, 
in the cleared manner, that had the tenure of their 
offices, like the tenure of the offices of the judges of 
your three fuperior courts, been without this addi- 
tional redric^ion or hmitatiou, though a power Ihould 



Ill 

exifl in the Icglflature to modify thofc Inferior courts, 
yet no modification could, confiftently with the terms 
of that tenure, have operated an extindlion of their 
offices. 

The confhitution of the United States adopts fpeci- 
fically the fame terms, in relation to the judges both 
of the fupreme and inferior courts, as you. Sir, 
had previoufly adopted and reftri£i:ed to your three 
fuperior courts. 

" The judges, both of the fupreme and inferior 
courts, fhall hold their offices during good behavi- 
our." 

Is it poffible then, Sir, for any political Proteus 

"whatfoever, to find the femblance of a pretext for 

attributing a diitefeut meaning to the fame words^ 

when ufed in the conflitution of the United States, 

and when ufed by you, and conclujively explained^ in 

an analogous cafe ? With all the authority of your 

eminent ftation, and with all the countenance to be 

afforded to you by your devoted adherents, can you 

poffibly do otherwife, than Ihrink under a conviction 

of fuch inconfiftency, when arraigned at the bar of 

public reafon before the people of the United States ? 

The judges then of the United Stares, both of the 

fupreme and inferior courts, {landing upon ground, 

fo far as thefe w^ords can place them, equally inaccef- 

fible to the rightful approaches of legiilative power, 

with the judges of your three fuperior courts ; let u« 

enquire whether any variance in fubfequent provifions 

renders the ground, thus occupied, lei's tenable in the 

cafe of the judges of the United States, than in the 

cafe of thofe judges of your three fuperior courts. 

By the conilitution of the United States it is de- 
clared, that '' the judges both of the fupreme and in- 
ferior courts fiiall, at flated times, receive for their 
fervices, a ccmpenfation, which Ihall not be dimi- 
niihed during: their continuance in office." 



112 



By your draught, the judges of your three fuperior 
courts were to " be allowed For the prefent 
each by the year, payable quarterly out of any mo- 
ney in the public treafury. Their falaries, however,, 
may be increafed or abated, from time to time, at the 
difcretioii of the legillature, provided fuch increafe or 
abatement fliall not, by any ways or means, be made 
to affecl, then or at any future time, any one of thofe 
then acSlually in office." 

Did you. Sir, intend by this provifion to take care, 
that thofe judges, who were to hold their offices dur- 
ing good behaviour," without further reflri6i:ion or 
limitation, fliould be as Httle dependent upon the legif- 
lature for their fubfiflence, as for their continuance 
in office ? If fo, are not the terms of the conititu- 
tion of the United States equally imperative ? The 
timxcs of payment being once flated by law, become 
equally fixed under the guaranty of the conftitution 
of the United States, as the quarterly payments un- 
der your draught. Does the reft ri (Si: ion in your draught 
upon the legiflature, in the exercifc of the conceded 
power to increafe or abate from time to time at dif- 
cretion the falaries of the judges, declaring that 
*' fuch increafe or abatement fliall not by any ways 
or means be made to affe^l, either then or at any 
future time, any one of thofe then adlually in office/* 
more compleatly guard the independence of the judges, 
by fecuring the certainty of their compenf^tion, than 
the plain and fimple provifion of the con(titution of 
the United States, equally prohibiting all (fjminution, 
and permitting an increafe, Nin cafe of an increafe of 
duties, or the exiflence of other circumfbnces, where 
found difcretion would authorife that increafe ? 

The very terms, fir, in which your re(lri6lion is 
conceived, were it not, that the prefent period ex- 
cludes all mirthful fenfations, would be fufficient tp 
excite a fmile in the gravcit philofoplier. Surely, fir^ 



113 

whiift penning thcfe terms you mull: have had a prc- 
fentiment of the ridiculous quibbles, which have been 
lately reforted to, or you uever could have thought 
of tying up the hands of an unprincipled legiflature, 
\vhich might bedifpofed to invade the conflitutional 
independence of the judiciary, with all the redundant 
expreilions of a pettyfogging attorney, endeavouring 
to cloak the fraudulent nature of a fraudulent con- 
veyance. Until it fliall be folemnly adjudged by thofe 
to whom the conftitution of the tJnited States has 
ailigned the power to judge, that an obje6l may be in- 
directly effciAed, which is dire6lly and totally prohi- 
bited by the conftitution, I fhall continue to think, 
and I trufl, the great body of the American people 
will think in like manner, that the judges both of the 
fupreme and inferior courts of the United States are, 
^if the conHitution of the United States be really 
obligatory upon thofe who hd^fcfwor?!, either to fup^ 
port, or to prefewe, ptotecl and defend it') equally 
independent of the legillature of the United States, 
for their fubfifcence in office, as the judges of your 
three fuperior courts ; notwithlhmding the omiiTion 
of your fmgular precaution, in the general and 
folemn provifion of the conilltution on that fubje<5l. 

Are other means provided, in the ccnflitution of 
the United States, for the removal of the judges 
either of the fupreme or of the inferior courts of the 
United States, than what are to be found in your 
draught, for the removal of the judges of your three 
fuperior courts ? You, fir, have provided in your 
draught a court of impeachments. " There fhall 
moreover be a court of impeachments to confiit of 
three members of the council of Hate ; one of each 
of the fuperior courts of chancery, common law, and 
admiralty, two members of the houfe of delegates and 
one of the fenate, to be chofen by the body rcfpe(51:ive- 
ly of which they are. Before this court any member 



114 

of the three branches of government, that is to fay, 
the Governor, any member of the couiTcil of the tvi^o 
houfes of the legiflature, or of the fuperior courts, may 
be impeached by the Governor, the council, or either 
of the faid houfes or courts, and by no other, for fuch 
mifbehaviour in office as vi^ould be fufficient to remove 
him therefrom : and the only fentence they fliall have 
authority to pafs, (hall be that of deprivation, and 
future incapacity of office. Seven members ffiall be 
requifite to make a court, and two thirds of thofe 
prefent muft concur in the fentence. The offi:^nces 
cognizable by this court, fhall be cognizable by no 
other, and they fliall be triers of the fa^l, as well as 
judges of the law\" 

The conllitution of the United States in hke 
manner provides a court of impeachments. 

" The houfe of reprefentatives ffiali have thefole 
power of impeachments." 

" The fenate fliall have the fole power to try all 
impeachments. When fitting for that purpofe, they 
fhall be on oath or affirmation. When the Prefident 
of the United States is tried, the chief juftice fliall 
prefide : and no perfon fliall beconvicSbed without the 
concurrence of two thirds of the members prefent." 

*' Judgment in cafes of impeachment, fliall not ex- 
tend further than to removal from office, and difqual- 
ification to hold and enjoy any office of honour, truft, 
or profit, under the United States. But the party 
convicted fliall neverthelefs be liable and fubjeft to 
indiftment, trial, judgment, and punifliment accor- 
ding to law." 

'' The Prefldent, Vice-Prefident, and all c^vil offi- 
cers of the United States, fliall be removed from 
office, on impeachment for and conviction of treafon, 
bribery, or other high crimes and mifdemeanors." 

" The trial of all crimes, except in cafes of im- 
peachment, fliall be by jury." 



lis 

LTpon a review of the powers of thefe refpe£llve 
courts of impeachment, they appear to be fubftantial- 
ly the faiTke ; notwith{landing the variance in the 
modes of compofmg thofe bodies, and in the manner 
of depofiting the power of impeachment. So far as 
relates to the fiibje61: before us, the judges of the 
United States, to whom the adminiftration of judice 
is peculiarly affigned, and who therefore, (if any) 
may be emphatically ftiled " civil ofEcers of the Uni- 
ted States" are under that defcription, exprefsly lia- 
ble to be removed from their offices, which they 
" hold during good behaviour," " on impeachment 
for and conviflion of treafon, bribery, or other high 
crimes and mifdcmeanors," as are the judges, in like 
manner, of your three fuperior courts, who vv^ere alfo 
" to hold their offices during good behaviour,'* 
" for fuch raifbehaviour in office, as would be fuffi- 
cient to remove them therefrom." 

If by the provifion in your draught, that the offen- 
ces cognizable by the court of im.peachments ihould 
be cognizable by no other court, it was intended (as 
manifeftly it wasj to proteft all officers, who were to 
hold their offices during determinate coaftitutional pe- 
riods, and the judges of your three fuperior courts, 
w^ho were '' to hold their offices during good 'heha- 
vlour," w^ithout other rellri^tion or limitation, againfl 
removal from office, by any other ways or means, 
during their refpe^live conitirutional terms, and ten- 
ures ; are w^e not equally authorifed to infer from the 
nature of the government of the United States, that 
the power of removal from office, being exprefs- 
ly and fpecifically given to the fenate, as a court of 
impeachment, to be exercifed in a certain manner and 
form, the Prefident, the Vice-Prefident and all civil 
officers of the United States who hold their offices 
during determinate conftitutional periods, and the 
judges of the United States, both of the fupreme and 



ii6 



inferior courts, who " hold their ofEces during good 
behaviour without other rellriclion or hmitation, are 
not liable to removal, by any other ways or means, 
unlefs fpeciiically prefcribed, during their refpedive 
conflitutional terms and tenures ? 

It has been heretofore contended that an enume- 
itition of powers was elTentially a redriciion againft 
the arrogation of other powers, not within the terms 
of the enumeration. If this doflrine be corredl (as 
afluredly it is, when applied by jufi: difcernment ac- 
cording to the principles of fair conftrucVion ;) mud 
]tiot the fpecific delegation of a particular power, to 
a particular body, to be exercifed in a particular man- 
ner, exclude the exercile of that power by that body, 
in any other manner or form, than that prefcribed ? 
Jjpon what principle then can the Senate of the Uni- 
ted States (who, even in cafes of " treafon, bribery, 
or other high crimes .and mifderaeanors," are incom- 
petent to conyiftj- unlefs by a " concurrence of two 
thirds of the members prefent," fo as to juftify a re- 
moval fi-om office) be reputed competent in a cafe, 
where not even a pretext for a charge of any offence 
vvhatfoever can be found, to fanclion, by a bare ma- 
jority, a meafure avowedly defigned to produce the 
fame refult ? Mud not the fpeciiic delegation of the 
power, to remove from office thofe, who " hold their 
offices during good behaviour," to the fenate, to be 
exercifed "on impeachment for, and convi6lion of 
treafon, bribery, or other high crimes and mifde- 
jneanors,*' by " the concurrence of tw^o thirds o£ 
"the members prefent" of that body, flill more for- 
•j:ibly preclude the affiamption of that power by ano- 
ther body, to be exerciled in a manner and form to- 
tally different from that prefcribed ? Upon what prin- 
ciple then can it be maintained, that the houfe of re* 
prceniatives (whofe interference w^ith a view to re- 
.-jxioval^ from oiHcej even iu cafes of '^ treafon, bribe- 



117 

ry, or other high crhnes and mifdemeanors," ex- 
cept in relation to members of their own body, (/) 
is exprefsly reilric^ed to "the fole power of impeach- 
ment") are competent, in the total abfence of every 
pretext for fuch charges, to participate, in a Jegifla- 
tive capacity, in a meafure, defigned to remove from 
office thofe whom the conftitution had explicitly de- 
clared fliould " hold their offices during good behavi- 
our," and concerning whofe removal, in the cafes fpe- 
cified, it had prefcribed the foregoing explicit provi- 
fion ? Can the concurrence or admiffion of the fenatc, 
even w^ien aided, lir, with your high fandiion, give 
vahdity to fuch participation ? But when it is fur- 
ther conlidered, that the powers of congrefs are not 
only enumerated, and that the powder of removing 
the judges, cither of the fupreme or inferior courts of" 
the United States, is not only not given to that body 
in its legillative capacity ; but, fo far as provifions 
eftablifliing the tenure of good behaviour and fecu- 
ring the certainty of undiminifhed compenfation du- 
ring that tenure, can go, is clearly prohibited ; muft 
not every man, however plain his undcrflanding and 
however unaccuftomed to the tedious and fometimes 
perplexing dedudions of reafon, at once perceive that 
no pretext remains for alTerting, that the judges of 
the United States, either of the fupreme or inferior 
courts, are by any ways or micans, more dependent 
upon the legiflature of the union, than the judges of 
your three fuperior courts were intended by you to 
be, on your propofed legillative department ? 

Are there other provifions in your draught, which 
were defigned to give to the judicial department a 
more fublT antial independence, than was intended un- 

(/) " Each ho.ufe (of Congrefs) may deiermir.e t! e rules of 
hs proceeding'!, pu' \(h iis members for dif< rderly behaviour, and 
with the concurrence of two thirds, expel a member." Confti- 
tiition of the Uniied btatos, «irtici€ i, f^dion c, par. 2. 



itS 



der the conftitution of the United States ? If there 
be, rhofc proi'-ilions would Hi 1! rather prove the Ilrength 
of your former convifuions of the importance of judi- 
cial independence generally, than juliify afuppofition 
of your contemplating a difference in degree. In no 
inftance were the judges, either under your draught, 
or the conftitution of the United States, to be pro- 
tected beyond the bounds of good behaviour. What- 
ever additional provifions, therefore, may have been 
adopted or propofed in the cxne inftrument or the other 
they can be correctly referred only to the prote6tio^ 
o^ the fame meafure of independence. That mea- 
fure being known, whether further fpecific provifi- 
ons for its protection be made or not, the knowledge 
of the extent of the right conveyed ; like the laws 
of confcience, ought to be, and muft be, compleatly 
obligatory on all men of unperverted principles. 

The independence of the judiciary, under fuch cou- 
flru<ftion, would be equally refpeCtedin Virginia where, 
fir, you have confidered it as a misfortune, that no 
barriers were provided in its defence, as it ought to be 
under the conftitution of the United States, whofe 
provifions for the protection of judicial independence 
feem, in fo many refpeCts, fo analogous to thofe of 
your own draught. Whatever might injuriouily af- 
feCt that independence, if that independence be ex- 
pedient and wife upon original principles, ought then 
to be forborne at all times and on all occafions by ev- 
ery n>an, who confents to difcharge the functions of 
a public (tation under a conftitution, which, in giving 
to the judiciary its political exiftence, defines and ef- 
tablifhes the meafure of its independence by the ufe 
of terms of welhknown import, in a manner equally 
authoritative with that, by which it defines and efta- 
blifhes the extent of his own political rights and pow- 
ers. The rights and powers of all, where fpecific 
conflituiioiiai adjuftments are wanting, ought to ba 



1 1 



#autiou{ly reconciled by right reafon : they mufl fland 
together in harmony, or a portion of the public in- 
flitiuions mud periih. A gangrene once induced, 
the whole may be endangered. 

*' Immedicabiie vulnns, aise rescindendum." '" 

Tt may become a wound on the body politic, of that 
dangerous kind, which nothing but the fword of re- 
volution, by lopping one part from another, can Hay 
from deflroying the whole. The pofiibility offuch 
events ouglit to teach the mod: daring caution, the 
mod prefumptuous hefitation. 

Thefe remarks, fir, are preparatory to the introduc- 
tion of a further provifion, propofcd by you, for 
guarding the independence of the judiciary, which 
was rejected or omitted in the formation of the con- 
flitution of the United States. That' provixion was 
no other than a dire6l propofition to give to the judi- 
cial department an equal and joint participation with 
the executive, in revifmg and controling^ in poliiical 
form, the proceedings of the legiflature. 

" The governor, two counfellors of (late and st 
judge from each of the fupcrior courts of chancery, 
common law, and admiralty, fliall be a council co re- 
vifc all bills, which Ihall have palled both houfes of 
aiferably, in which council the governor, when pre- 
fent, Ihall prefide. Every bill, before ir becomes a 
law, (hall be prefented to this council, v/ho ihali have 
a right to advifeitsrejedHon, returning the bill with 
their advice and reafons in writing, to the houfe in 
which it originated, who Ihall proceed to reconfider 
the faid bill. But if after fuch reconfidcration, two 
thirds of the houfe Ihall be of opinion the bill fhould 
pafs tlnally, they Ihall pafs and fend it, with the ad- 
vice and written reafons of the faid council of rcvi- 
fion to the other houfe, wherein, if two thirds aifo 
fliall be of opinion it fhould pafs finally, it fliall there* 
upon become law : otherwife it {liall nor. 



*^ The members of the faid council of revifion fliall 
be appointed from time to time by the board or court 
of which they refpe<fl:ively are. Two of the execu- 
tive and two of the judiciary members, (hall be re- 
quifite to do bufmefs." 

In this idea, of giving to the judiciary a participa- 
tion in the power of revifmg and controling, in po- 
litical form, the proceedings of the legiflature, you 
feem not only to have perfevered, at the time of the 
promulgation of the conflitution of the United 
States but to have been difpofcd to go if ill further : 
to withdraw this power totally from the executive 
and to vefl it exclufively in the judiciary ; or at leafl, 
to veO: it concurrently in the latter. Left I fhould be 
fuppofed to mifreprefent, permit me, fir,, to repeat 
your own words. 

" I like the negative given to the executive, with 
a third of either houfe ; though I fhould have liked 
it better, had the judiciary been appointed for that 
purpofe, or inverted with a fimihir and feparate pow- 
er.''-fe) 

Had fuch propofition in either mode been adopted, 
a negative, in apolitical form, would have been giv- 
en to thejudiciary of the United States over all the 
meafures of CongrefS: as well thofe of political expe« 
diency and of a general nature, as thofe which might 
touch the independency of that department, in any 
of its members, or the adminiftration of juftice. The 
adoption of fuch a novelty in government deferved 
to be well weighed before adventured upon. To 
blend political power with that which relates to the 
adminiftration of juftice, in the famehands, might pof- 
libly have had a tendency of the moft injurious kind : 

( v) See a letter from Mr. Jefp krson, dated at Paris, De- 
cember 20, 1787, : ubiiThcd in a defence of his poliiical cha- 
rafter, in the ^nAtiic of his qujudam clerk, FiiENfcAU, ufual- 
ly called the National Gazette, of iicptember 26, 179^. 



121 

its effe^s might have been to fubflitute, by impercep- 
tible gradations, the principles of the lex taUo7itSy 
which too generally prevail in political affairs, in the 
place of the pure and peaceful principles of juftice, 
where the latter ought fnnply and alone to govern. 
Such, or perhaps fome dill more weighty confidera--^ 
tion, difcountenanced the adoption of this innovation, 
though fuggefled in your draught : for, with the fore- 
going marks of attention to the fuggeflions of your 
draught, it is more than probable that it did not ef- 
cape consideration during the deliberations of the con- 
vention, which formed the conflitution of the Uni- 
ted States. The power of deciding upon the con- 
ftitutionality of- laws, in judicial form^ (which it mull 
have been forefeen would be inevitably exercifed by 
the judiciary, whenfoever queflions founded on a col- 
lifion between the laws and the conftitution, (liould 
be judicially brought before that body in the ordinary 
courfe of the adminiflration of juftice) was proba- 
bly viewed moreover, as a guard equally elfe£l:ual 
againfl legiflative aberrations and as more congenial 
with the chafte character which ought to diftinguifli 
the difpenfers of juftice, than the political negative, 
with which you propofed to inveft the judicial de- 
partment. If the good fenfe of the people of Amer- 
ica has not wholly flailed them ; if we be not marked 
by infatuation for defl:ru(9:ion ; it is hoped this re- 
flraint in the judicial form, fupported by the public 
lentiment, may yet be found fufficiently confervativc 
and falutary. 

But, fir, whether an adoption of a principle of 
this fort be expedient or not, was it polTible for you 
to have given a more clear proof of your convi<^ion of 
the importance of the independence of the judiciary, 
than firfl, by the proportion in your draught for form- 
ing a council of revifion, equally out of the executive 
aad judicial departments, for the purpofe of control- 



122 

ing the proceeding of the leglllative department : and 
fecondly , by not only perfevering in that idea; but, as 
it were, upon more mature deliberation, by propo- 
fmg to veil this power ofrevifion and control wholly 
^nd exclufively, or at leaft concurrently, with the 
executive, in tKat very judiciary of the United States, 
"whofe independency is now thus wantonly aiTailed ? 
But one incident further remains to be noticed, for 
the full expofure of your inconfiftencies upon this fub- 
]ed:. So pun^lilioully fcrupulous were you, lir, 
heretofore, in relation to any the fmallefl interference 
with the members of the judiciary, left the indepen- 
dence of that important department of government 
fliould be, by any ways or means, wounded or im- 
paired ; that you appear to have confidered it, as 
feeling power and forgetting right, evtn for the 
legiflative department, (when invefted, as in your 
draught, with the exprcfs power of appointing the 
judges) to remove a judge, being once appointed, 
from one court, to another, though that other court 
fhould be fitting under the fame roof, and though 
fuch removal ihould moreover be for the fole purpofc 
of a more convenient organization, and ihould ope- 
rate neither a diminution of falary, nor an increafe of 
duty ; unlefs indeed upon the exprefs confent of fuch 
judge, previoufly obtained for fuch purpofe. At the 
time when you prepared your draught (the fortunate 
ineans of expofmg your prefcnt inconfiftencies !) the 
general court of Virginia was compofed of five judges, 
and the court of chancery of three. You, fir, hav- 
ing decided in your mind, that the number of four, 
was more proper than any other number of judges 
for the compofiiion of a court, were defirous of tranf- 
ferring one of the judges of the general court to the 
court of chancery, fo that the former might be redu- 
ced, and the latter aurmented, to your favourite 
number of four. Your provifion for this important 



123 

purpofc has the honour of concluding your famous 
draught in the following words. 

'* One of the prefent judges of the general court, 
he confenting thereto^ fhall by joint ballot of both 
houfes of alTembly, at their firft meeting, be tranf- 
ferred to the high court of chancery." 

How different thefe fcruples from your precipitance 
of the prefent day ! 

After thefe multiplied evidences of your former 
conviction of the importance of the independency of 
the judiciary, who, upon any rcafonable calculation 
of human inconfiftencies, could have expeded to fee 
the day, when you, fir, being folely invefled with 
the power of revifing and controling the proceedings 
of the legiflature of the union, fliould, without hell- 
tation give your affent to an acl, fubflantially and di- 
re6lly contravening every valuable principle hereto- 
fore aiTerted and maintained by you in defence of this 
elfential portion of ^rc^ polity ? Tl>e man, who in 
the ordinary concerns of life, and on unimportant 
occafions, prefumptuoufly advances opinions, and then 
without reafon abandons them, exhibiting a charac- 
ter of ever-varying inconfiftency, fubjefts himfeif, and 
juilly, to the imputation of trifling, if not of con- 
temptible verfatility. In what light then, fir, can 
you expeCl your irreconcileable condudt, in this weigh- 
ty concern, and on this important occafion, to be 
viewed by the great body of your fellow-citizens, not 
only thofe, who heretofore augured no good from 
your elevation ; but thofe alfo, who, being real 
friends to the conditution, have honefUy conceived, 
they were adding to the (lability of that conftitution, 
and to the fecurity of thofe rights, for the perpetua- 
tion of which it was eitabliihed, whilll favouring your 
afcent to power ? 

You had heretofore afferted the importance of the 
independence of the judiciary in the raoft explicit and 



it4- 

fbicmn manner : you had fliewn the ncceffity of tlio^ 
rowglily cftablilhing that independence, if we wifliecl 
to preferve 10 ourfelves, and to our pofterity the blef^ 
fings of a free government : you had even fpecified 
the means, which you deemed completely competent 
for that purpofe. The great conventional council of 
your country, when engaged at a fubfequent period 
in devifmg a fyltem of government, which might 
watch over and guard this great aflemblage of com- 
munities and interefts, had adopted, almoft through- 
out, the fpeciiic means which you had devifed and re- 
commended, in regard to the judicial department. — ■ 
Yet, behold 1 yon, if not fairly ele£led by the free 
and unbialTed voice of a majority of your fellow-citi- 
zens, being neverthelefs enounced^ according to the 
rules of the conftitution, Prefidcnt of the United 
States ; one of the firfl m.eafures of your adminiftra* 
tion h aimed at the proflration of the judicial power^ 
in defiance of provifions.. recom.mended by yourfelf, 
and adopted as a part of that great conftitutional char- 
ter under which you now afl: or ought to a6i:. Surely 
confiderations of the mod powerful kind muft have 
induced this public dereliction of former principles ! 
Surely nothing iliort of a full aifurance of the proftra- 
tion of the people, as well as of their judiciary, could 
have authorifed this prefumptuous change in conduifb ! 
What can thofe confiderations be ? where (liaH we 
find the means of explaining a conduClfo egregiouflj 
inconfillent ? 

If we recur to the debates of tlie legiflature of the 
union ; we there find the mofi refpedlable talents ar- 
rayed on the fide of your former principles : though: 
clear before to all who were not" perverfely blind, 
they are rendered infinitely m.ore fo, by the united 
exertions of reafon and of eloquence. Is there any 
thing in the arguments of thofe who impugn thofs 
principks, to juftify your prefent courfe? 



as 

*^ The judges both of the fupreme and infefiot* 
courts fliall hold their offices during good behaviour ** 
They *' ihall be removed from office on impeachment 
for, and conviction of treafon, bribery, or other high 
crimes and mifdemeanors/* fays the conftitution. 

Their offices are neverthelefs declared, by thefe 
expounders, to be holden of yoUi fir, as though yoa 
were already Lord Paramount of the United States J 
and if the judges cannot be removed from their offi- 
ces during good behaviour, it is neverthelefs contend- 
ed, that their offices may be removed from them, by 
the foverc^ign a£l of thofe, to v^hoi^ guidance you have 
been pleafed to fubmit the fovereign fundions of your 
high flation ! 

" The judges both of the fupreme and inferior 
courts fliall, at ftated times, receive for their fervi- 
ces, a compenfation, which ihall not be diminifhed 
during their continuance in office," fays the eonfliitu-^ 
tion. 

Their offices may neverthelefs be difcontinued, 
(fay ihefe expounders) by removal from the holders, 
by an abolition of the courts, in which their fervrces 
were to be rendered, fo as to deprive them of the 
power of rendering thofe fervices ! Their compenfa- 
tions moreover, though they cannot be diminifhed, 
maybe totally withheld, on account of this failure in 
fervices, fuppofed to be thus rendered inevitable ! 

Such, fir, is the fum total of the proof, that thc' 
tunure during good behaviour, annexed by the con- 
flitution to the judicial office, fignifies neither more 
nor lefs, than during the pleafure of the legiflature 1 
Such is the fum total of the proof, that a title to an 
undiminiflied compenfation under that tenure may, at 
any moment be terminated by the pleafure of the le- 
giflature 1 (Jj) 

{h) Sec thfc debatea? &f the majority, Pq^m^ in the hie difcui^ 



126 

Have the friends of the conrdtutional independence 
of the judges, during good behaviour, dared to he- 
fitate at yielding " abfolute acquiefcence in (fuchj 
decifions of the majority" ? They are not only char- 
gable with violating " the vital principle of repub- 
lics" ; but, for this high mifdemeanor, are a6lually 
held up to public odium, as being favourers of mo- 
narchy, of fmecure fyilems, of executive patro- 
nage, (/') nay, as defigning to promote the eflabliih- 
ment of a judicial defpotifm of fuch horrid kind, that 
even the {touted: champions of liberty and republica- 
nifm feel themfelves juflified in looking by anticipa- 
tion, to the government of o?2e lenieiit tyrant (f) a 
ftate, ({frange to tell !) which feems to be viewed as 
infinitely preferable to that, in which liberty and 
juflice might be compelled to go hand in hand. So 
inconfiftent, in modern ideas, are liberty and juflice ! 
So incompatible, the new-found republicanifm of the 
prcfent period, with the equal protecflion of the rights 
of all through an independent judiciary ! 

Is this the manner, fir, in which you heretofore 
contemplated to render the members of the judi- 
ciary independent of the legillature, during good be- 
haviour, for both their continuance, and fubfiflence 
in ofiice ? With fuch evidences before us of deter- 
mined hoilility to an independent and upright judi- 
ciary, is it pofiible, fir, that any man in his fober 
fenfes can repofe confidence in profefiionsof *' equal 
and exa61: juflice to all men, of whatever flate or per- 
fuafion, religious or political ?*' 

fion upon this fubj«(ft in the two branches of the leglflaturc of 
the union. 

(i) See particularly the feech of the honourable Mr. Giles, 
of Virginia, on the i8th of February, 18O2. in the Walbing- 
ton Fede-ralift: of March 3d and 4th, 1802. 

(j) Seethe fpeech of \hc honourable Mr. Thompson alfo 
of Virginia, on the i6th of February, 1802, particularly near 
thcclofe, in the Wafhioijion ircdcrahft, of February 27, i^oz. 



127 

Is this the liberality, fir, by which you and your 
confidential adherents now propofe to " reftorc to 
focial intercourfe that harmony and alFe£i:ion, with- 
out which liberty and even life itfelf are but dreary 
things" ? 

Is this the fpirit, by which the champions of liberty 
and republicanifm are actuated ? A 1 ord Paramount, 
of whom the judges of the United States are to be 
reputed to hold their olilces ! Ihe government of 
one lenient tyrant ! 

Is not this, fir, fufficiently intelligible ? If in the 
reafonings of thofe, who impugn your former princi- 
ples, a juftification of your prefent courfe cannot be 
found: does it follow, that in the point, to which 
they look, the means of explanation may not be diC- 
covered ? 

Accept, fir, for the prefent, my homage — of all 
due confideration and refpe^l. 

Your Fellow-Citizen, 

TACITUS. 
March 27, i8o2. 



APPENDIX 



TO THE 



LETTERS OF TACITUS. 



NUMBER I. 



*' LORD) now kit eft thou thy fervant depart In peace ^ for 
mine eyes have feen thy fahatlonl'*'-\v2^s the pious ejaculation of 
a may who beheld a flood of happinefs rufliing in upon mankind. 
If ever there was a time that would h'ceofe the reiteration of the 
cxclamaiion, that time is now arrived ; for the man who is the 
four u of all the misfortunes of our country is this day reduced to a 
lcvi!l with his fellow-citizens, and is no longer poffsjfed ef po'wer to 
multiply evils upon 'he United States: If ever there was a period 
for rejoicings this is the moment. Every heart in unifon with 
the freedom and happinefs of the people ouoht to beat high 
with exultation, that the name of WASHINGTON from this day 
ceafes to give currency to POLITICAL INI^ITT, and iff 
legalize CORRUPTION I A new sera is now opening upon US 
— an sera that proralfes much to the people ; for public mea- 
furcs muft now Hand upon their own merits, and nefarious 

PROJECTS CAN NO LONGER BE SUPPORTED BY A NAME. 

When a r-trofpecft is taken of the Wafhington adminiftration, 
for eight years, it is a fubjeft of the greateit aftonifhment, that 
a fingle indiv'd.ial could have cankered the principles of republican' 
ifm in an enliglitened people, and fhould have carried his de^ 
Jigns againjl the public liberty fo far as to have put in jeopardy 
ITS v.RY KXisTt?.'CE : SUCH however are the facts, and 
with tbcfe ftariog us in the face, this day ought to be a jubilee 
in the United States." 

Extraclf om the Aurora Marsh 4) 1 797» 
A 



AffENDIX. 

NUMBER IL 

" WHEREAS by an a^. I'ntltulcd *^ an aft for vedlng iff 
George Washington, Efquire, a certain intertft in the com- 
panies cftablifheil for cpsning and extending the navigation of 
James and Potowmack River ," and reciting, *' that whereas ic 
is the defire ff the reprefentatives of this commonvveahh to em- 
brace every fuitable occafion of teftifying their f nfe of the un- 
exampled merits of George Washington, Efq towards. hi» 
couniry ; and it is their wifh in particular that thcfe great; 
works for its improvement, which, both as fpringing from the 
liberty, which he has been fo inftrumental in eftablifhing, and as 
encouraged by his patronsrge;- will be durable msnuments of his 
glory, m^y be made monumsnts a!fo of the gratitude of hl» 
country.'* It is ena^ed, *' ihat the treafnrer be direded, ia 
addition to ihc fubfcriptlons he is al -eady authorifed to make to 
the refpe6tive undertakings for opening the navigatiorss of Potow- 
mack and James's rivers, to fubfcribe to the itmount of fifty 
fnares to the former and one hundred fhares to tlie latter, to be 
paid in like manner with the fuhfcriptio-^s above mentioned : and 
that the (hares fo fubfcribed be, and the fame ate hereby veftcd 
iu George W.iSHiNGTON, Efq,. his heirs cuid afiigns forever- 
in as tffedual a ma', Her as if the iubfcriptions had been made by 
hlmfelf or by his attorn€\'." -And whereas the faid Georgs 
Washington,. Efq. in his lett r addrefied to the Governor, 
which has been laid before ike general afTembly, hath cxpreffed 
his fentiaients thereupon, in the words follov^'ing. to wit : — 
** Your Kxcellency having bt^en pit-afed to tranfmit me a copy of 
the a6l appropriating to my benefit certaiii fnares in the compa- 
nies for opening th' navigati n of James and Potowmack rivers, 
I cake '.he liberty of retnri; ng to the general aflVmbly, through 
your hards, f c profound and grateful acknovvlrdgments, infpir- 
ed by fo fignal a marK. of their beneficent intentions towards me. 
1 beg you, fir, to afTurt them, that 1 am filled on this occafion 
with every fentiment which can flow from a heart warm with 
love for my country, fi nfihle to every token of its approbatiori 
and : ffc6lion, and folicitous to teftity, in ewer\ inftance, a re- 
fpedful fubniifli M4 to its wifhes. With t' efe feniimeiits in my 
bofom, 1 need not dwell <in the anxiety I feel, in beiog obliged, 
in this indanC' , to decline a favour, which is rendered no lefa 
pattering by the ma-ner in which i is conveyed, than it is affec- 
tionate i.M ilfclf. In explaim'dg this obligation, I p^sfs over a com- 
parifon in iriy endeavours in the public fervice with the many 
li<'nourab!c tellimonies of approbation, which have already fo far 
overrated aud cvcrpuid them ; reciting one confideraticii only. 



APPENDIX. 

wrTiIcli fuperfedes the ncceffi'y of recurring to eveiy other. WTiett 
I was firft called to the ftation, with which I was honoured dur- 
ing ihe late couilidt for our liberties, to ih-- diffidence, which I 
had fo many reafons to feel io accepting it, I thought it my d,uty 
to join a hrra refoluton to fliat my hand againft every pecuniary 
recompencc ; to this refolution I have invariably adhered, from 
this refolulioH (if I had the inclination) I do not confider my- 
felf at liberty to depart. Wbilft 1 repeat therefore my fervent 
acknowledgments to the legiflature for their very kind fenti- 
ments and intentions in my favour, and at the fame time beg 
jthem to be perfuaded, that a remembrance of this fmgular proof 
of their goodnefs towards me, will never ceafe to cherifh return* 
of the warmeft affsclion and gratitude, I muil pray that their 
ail, fo far as it has for its objc6l my perfonal emolu?nent, may 
not have its effcd. But if it (hould pleafe the ecneral aflembly 
to permit rae to turn the deftination of the fund vefted in me, 
from my private emolument to objeds of a public nature, it will 
be my lludy in felec^ing thele, to prove the lincerity of my gra- 
titude for thehoiour confered on mc, by preferring fuch as may- 
appear moft fubfervient to the enlightened and patriotic views of 
the legiflature " — And whereas the defire of the general aflem- 
bly to mark, by the provifion above mentioned, their fcnfe of 
the illultriousmerits of the faid Gr-ORGE Washington, Efq. at 
the fame time that it is lirengthened by this freili and endearing 
proof of his title to the gratitude of his cou itry, is fuperfeded 
by their refpcA for his difmtereiled wirties and patriotic views.'* 

*' Beit cnaded that the f-aid recited ad, fo far as it veils In 
George Washington, Efq. and his heirs, the fh res therein 
direiled to be fubfcribed in his name, ftia 1 be, and the fame is 
hereby repealed." 

" And be it further enabled, that t'efaid Hiares, with the tolls 
and profits hereafter accriJing therefrom, fliall ftand appropriated 
to fuch cbjeds o-i a public nature, in fuch maun r, and under 
fuch diftributions, as the faid Gkorge Washington, Efq. by 
deed during his life, or by his lall wil and teftament, Ihall dired: 
and appoint." 

Extract from the ads of the General j^Jfemhly of Virginia^ f>n£ed 
Mi ibdrfejfion of Qcigbcr^ ^7^5' ChaJ>. 1 1 - 



APPENDIX. 

NUMBER, in. 

GENET'S LETTER, 

Extracted from the documents accompanying the PreSdeot^s 

Meflage to CoDgrefs, delivered December 5, 1793. 

[translation.] 

New York, Sept. 18, 1793. 
2d year of the French Republic, one and indivifiblc. 
Citizen GENETf Min'ifler Plinipofentiary, of the French Republic 
with the United States ^ to Mr. Jefferson^ Secretary of State of 
the United States* 
SIR, 

PERSUADED that the fovereignty of (he United States 
refides eflentially in the people, and its reprefentation in the con- 
grcfs : perfuaded that the cxecurive power is the only one which 
has been confided to the Prefident of the United States ; per- 
fuaded that this magiftrate has not the right to decide queftions, 
the diicuffion of which, the conftitution rcferves particu arly to 
the congrefs ; perfuaded that he has not the power to bend ex- 
ifting tre<<ties to circumftances, and to change their fenfc ; per- 
fuaded that the league formed by all the tyrants, to annihilate re- 
publican principles, founded on the rights of man, will be the 
objedlof the moft fo'rious deliberations of Congrefs, I had de- 
ferred, in the fole view of maintaining good harmony between 
the free people of America and France, communicating to my 
government, before the epoch at which the reprefentatives of 
tlie people were to affemble, the original correfpondence which 
lias taken place, in writing, between you and myfelf, on the poli- 
tical rights of France in particular ; on the interefts of general 
Hb-Tty ; and on the a(?t3, proc'amations and dccifionivof the Pre- 
fijent of the United States, relative to objedls which require, 
from their nature, the fandion of the legiflative body. Howe- 
ver, informed that the gentlemen who have been painted to me 
fo often as ariftocra.s, partifans of monarchy, partifans of En- 
gland, of her conftitution; and confequently enemies of the prin- 
ciples wi)ich all good Frenchmen have embraced with a reiigi- 
gieus er.thufiafm ; alarmed at the popularity which was reflec- 
ted on the minifter of France by the affedion ot the American 
people for the French Republic, and for the glorious caufe which 
it defends ; equally alarmed at my unfiiaken and incorruptible 
attachment to the fevere maxims of democracy, were labouring 
to ruin me in my country, after having re-uoited all the efforts 
to caluminace mc in the view of their fellow citizens, I was go- 
ing to begia to colled thefe affliding materials, and I was taking 



APPENDIX. 

jneafures to tranfmit them to France vv/th my reports, when the 
denuijcia*ion vhlch thefe fame men have excited the Prefident 
to exhibit a 'ainil me, through Me. Morris, came to mylar. ds. 
Strong in the principles w ich have dlreded my condu i , fheher- 
ed from every well-founded reproach, I expeded, neverthelefs, 
to have found in h T me fcrious allegations ; but what has been 
my aftoniflimenton finding, that the American people were more 
outraged in it than myfelf, that it was fuppofed, that I exer- 
ciftd over them a/owr^^n influence, that it was pretended tlat I 
was making them take a part in the war of liberty, for the de- 
fence of their hrethern, of their allies, againft the intention of 
their government ; thai judgments favourable to cur iniertfts 
rendered in the midll of the acclamations of the cicizens of Phi- 
ladelphia, by juries and by independent tribunals, have not bcea 
the expreffions of a fevere juftlce ; in fhort, that I was a power 
within another power. 

Such ttrange accufations, proving only tVat the American 
people loves and fupports our principles and our caufe, in fpite 
ot its numerous enemies ; and that the power which they do me 
the honour to attribute to me, is only that of g atitudg ilrug- 
gling agalnft; In.,ratitude, of truth comoatting error. I will fend 
DO other j.iiftification of my condudt. I will join only in iuppo^t 
fjf the opinions, which I meant to profefs, fome writings which 
have been publifhed here, fuch as thofe of Veritas^ Heh'tdius 
&c. As to the perional outrages, as to the doubts wl)ich you 
infmuate on my devotion to the union of th- people, I have rea- 
ion to believe they will not make a great imprtffion, whrn the 
anfwers fhall be recurved to, which I made to the numerous ad- 
(irelTes which your fellow-citizens deigned to prtfcnt me : when 
it (hall be recollected, that placed at the age ot twelve years in 
the bureau [olnce] of foreign affairs, it was I who had the ad- 
vaRtage of contributirg to penetrate the French with the fpirit 
of 1776 and 1777, by tranflating into our iongUi.% under trie 
diredion of my father, then head of t- e bure u, the greater part 
of your laws and of th'^ writings of your politicians ; ih t fince 
that epoch, always faithful to the caufe of liberty, I have ren- 
dered to the Americans, in the different employments I have 
had, all the fervices which depended oa me ; and that, ia fine, 
charged to reprefent the French people, with the fiill people 
who have proclaimed the rights of man, knowing how far our anci- 
ent government had put libcrticide fhackles on the commerce and 
©n the intimacy of our two nations, I hav..^ neglefted nothing-to 
obtain, on the one hand, the liberal bafis on wliich the new bands 
which .the French j.eople dtlire to contra^ wiih the United 
States, were to be negoc ated, in order that on th other, the fedc» 
ral govcrnmeat m ght be fenfible how urgent it was to occupy 



APPENDIX. 

themTcIves promptly on the conclufion of this true fcmily con- 
pad, which was forever to unite the p:-,h'tical and commercial iu- 
terefts of two people t<^ual!y objedis of the hatred of all tyrants : 
bcfides fir, whatever may be the rcfultof theatchievemei.t of which 
ycu have rendered yruriclf the generous inftt ument, after having 
tnads me belie've, that you <w re my , rtend^ after having inhiated me into 
myjlerics tuhich have i n f l a m !■ d my hatred agninjl all thofs who 
affiretoan ahfolute poiver ^ there is an a£t of jiiltice, which tlie A- 
niLTican people, wl.ich the French people, which all iree people 
are interelted to reclaim ; that is that there be made a particular 
inquiry in the next Congrcfs, of the MOTIVE * on which the 
head of the executive power of the United States has taken on 
himrif lodemaivj the recnl of a public miniftcr. whom the SO- 
VEREIGN PEOPLE^yV/;^ UnitcdStates H.aD RECEIVED 
Jraievnally and RECOGNIZED before the diplomatic forms had 
been fultilcd with r. fpeuil to tiim, at Philade phia. 

It is in the na:;.e oi tKe French people, that 1 am fcnt to their 
biCthren — to free and fovertigu men : it is then for the reprefen- 
t tives of the American people, and not for a fingieman, to ex- 
hibit againll me an acl of accufation, if I have merited it. A 
(Jefpot may fingiy ptrnait himfclf to demand from another defpot 
the r. cai of his reprcfentativc, and to order his expullion in cafe 
of rcfufal. I'hiji is what the Emprefs of Rufiia did with refpedl 
to myself, from Louis XV I. But in a free (tate it cannot be 
fo, unlefii order be entirely fubverted ; unlets the people, in a 
moment ©f felindnefs, chuies to rivet their fetters i.i majsing to 
a liriglc indivi ual, the abandonment of their moll precious rights, 
I pray you then, fir, to place under the eyes of the Prefident of 
the United Mates, the demand which I make '\vi the name of 
equity, to lay before C-'ngrefs for thair difeuffion, at the epoca 
when they Ihall be affembled by the law, if the great eveois 
which occupy the univeiic, do not appear yet fufficient to hallcn 
their convocation — ill. All the qucllions relative to the poli ical 
rights of France, and the United States. 2d. The different 
caltrs relulting from our Hate of war wiih the powers ol whofe 
adlsof afrgrefiion 1 have informed you. 3d. The heads of accu- 
fation which the miiiiller of the Unitea iStates with the French 
republic, is charged 10 exhibit agamll me, and agai; It the con- 
fuU whofjB character is compromitted and outraged in the moll 
icandalous manner, for having obeyed fupcrior orders, which it 
was neither in their power nor \\\ mine to revoke. In this ex- 

* Good repuIvUcans of that f!ay had n^t Tuch an abhorrence to an in- 
quiry into motirues oi the executive a» lliey have manifclted on a more 
recent occiiitfn. 

EDITOR. 



pectatlon, fir, I do not cc fider the dignity of the French na- 
tion as compromit ed by the extraordinary pohtion in which I 
find myfelf, as well as the confuls, and I have to complain only 
of the forms you have employed. 

The executive cr^nncil of the French repubh'c had alfo com- 
plaints of a very different nature from thofe alleged againd me, 
to exhibit againft Mr. Morris, your aiiebaffador at Paris: but 
penetrated with a juft fentiment of refped for the fovereignty of 
the American people, it recommended to me osly to make con- 
fidential obfervationa to you on the uecefTity of recalling- this 
minifter plenipotentiary, accufcd by the pubh'c voice of faftt 
cftdblifiicd, but BOt by the reprefentatives of the people after 
a regular inquiry, of having favoured as much as he could the 
connter-revolulionary projcds of Louis XV I, of c;>mmunicating 
to him memoirs, in v^hich he advifcd him not to accept ihe confti- 
tution ; of having had no connedioji but with fufpected perf>ns; 
of having affected the greatcft contempt for all thofe who ferv.d 
faithfully the caufe of the people ; of having been the chantiel of 
the counfcls U'hich conduced La FaVI'-ttk into tV.e prifons of 
Pruffia ; of having abufed the refpeCl of the French people for 
the Guvoy of the Am.erican people to facilitate more (u\\]y the 
correfpondence and the canfpiracies of all its enemies ; wf havin^S^ 
fhewn nothing but ill humour in his relations with the minifters 
of the French republic ; of havir.-.g afFeded, in writing to their, 
to employ, in fpeaking of the executive of the United States, 
only the words ♦* In the name of my court^^^ fo (h®ck.'ng to re- 
publican ears ; of having demanded a pafsport the loth Aug'itl 
1792, to go into England with the arahaffridor of George 111 J 
and of having faid publicly, with a confidence which the prefent 
event juftifies, that if the embaffy of the republic fhould b' re- 
ceived at Philadelphia, its exiitence and that of the republicart 
confuls in America, would not be of long duration there. 

I have already mentioned to you, fir, fome of thefe imputa- 
tions ; but, as I have already told you, out of refpe6l for the 
fovereignty of the Uiated States, I thought I ftiould leave to 
their wiidom the care of taking meafures, the moft fuitable to 
reconcile their dignity with what their prudence might require. 

Not doubting, fir, that the juftice which I require will be 
dons me, as well as my co operators, I ought to inform you, 
that I am about to have printed all niy coirefpondence with you, 
all my inllrudions, and ail thofe of the confuls, in order chat the 
American people, whofe cftecm is dearer to me than life, may 
judge if I have been worthy or not, of the fraternal recepti(jn 
which it dei^-ned to give me ; if in all my official papers 1 have 
not cxpreflVd my rcfpedt for that virtuous nation and my conff- 
lience in the purity of their fentiments 5 If I have infitted en a 



APPENDIX. 

finglf principle, which has not been fupported fince, by decifions 
of the juries or tribunals of the country ; if In adi-.g and ex- 
prefiin^ myfelf with the franknefs and the enerj^y of a republi- 
can. I have attacked the conftitution ; if I have refufed refpcft 
to a fingle law : in fine, if, in reclaiming with all the firmnefs 
which was prefcribed to me, the faithful execution of our treaties, 
I have not endeavoured to encourage the federal government to 
employ the only means, worthy of a great people, to preferve 
peace and to enjoy the advantages of neutrality -an iifeful obje6^, 
not to be obtained by timid and uncertain meafures, ly premature 
procl.^.m-iiions, which feem extorted by fear, by a partial impar- 
tiality which fours you. friends without fatisfyingy our enemies ; 
but by an attitude firm and pronounced, which apprifes all the 
powers that the very legitimate dcfire ot" efijoy/ng the fsve^ts of 
peace, has not made you forget what is due to juftice, to gra- 
titude, a' id that without ceafing to be neutral, you may fulfil 
public engagements, contradtd with your friends, in a moment 
when you were yourfelves in danger. 

I will anfwer more in detail, fir, at a proper time, yonr vio- 
lent diatribe ; but it contains one fad on which I mud now give 
you explanations. Ton are MADE to reproach mc with having 
indifcreetly given to my official proceedings, a tone oF colour, 
which has induced a belief, that they did not know, in France, 
either my charader or my manners. I will tell you the reafon, 
fir : it is that a pure and warm blood runs with rapidity in my 
veins ; that 1 love palRonately my country ; that I adore the 
caufe of liberty ; that I am always ready to sacrifice my life to 
it ; that to me, it appeals inconceivable, that al! the enemies of 
tyranny, that all virtuoufi men, do not march with u?. to the 
combat ; and that vs^hen I find an injultice is done to my fellow- 
citizcBS, that their interefis are not efpoufed with the zeal 
which they merit, ao confiderations in the world would hinder 
either my pen or my tongue from tracing, from cxprefling my 
pain. I will tell you then, without ceremony, that 1 have been 
extremely wounded, fir, ift that the Prefident of the United 
States was in a hurry, befnrc^ knowini-jr what I had to trasfmit to 
him, on the part of the French republic, to proclaim fentiments, 
on which decency and friendfliip fhould at lead have drawn a 
veil. 2d. That he did not fpcak to me at my firil audience, but 
of the friendship of the United States toward France, without 
faying a word to me, without announcing a fingle fentiment on 
our revolution ; while all the towns from Charleston to Phila- 
delphia hiid made the air refonsd with their moft ardent wirties for 
the French republic, 3d That he had received and admitted to a 
private aud'cnce, before my arrival, NoAiLLEsand Talon, known 
ajeatsof the French counter-rcvolutionitts, who have fince had 



APPENDIX, 

fntimate relatfons with two members of the federal govcrBment. 
4ih. 'Ibat this fnfl: niagiflrate of a free people, decorated his 
parlour with certain medallions of Capet and his family, which 
{ervcd at Paris as fignals of rallying. 5tfe. That the firft com- 
plaints which he made to my predecefTor on the armaments and 
prizes which took place at Charleilon on my arrival, were in h&. 
out a paraphrafc of the notes of the Englifh minifter. 6th. 
That the Secretary of War, to whom I communicated the wi(h' 
of our governments of the Windward Iflands, to receive prompt- 
ly foine fire arms asd fomc cannon which might put into a ftate 
of defence poffeflSons guarantied by the United States, had the 
FRONT to anfwer ME with ironical carelefsnefs. that the princi- 
ples eilablirtied by the Prefident did not permit hrm to lend us fo 
much as a piftol. yth. That the Secretary of the Treafiiry, with 
whom I had a converiation on the propofitlbn which I had made 
to convrrt almoit the whole American debt, by means of an ope- 
ration of finance authorized by law, into flour, rice, grain, fait" 
ed provifions and other obje^^s of which France had the moft 
prcfling need', added to the refufal which he had already made 
officially of favouring this arrangement, the pofitive declaration, 
that even if it were practicable, the United States could not 
confcnt to it, becaufe England would not fail to c nfider this 
extraordinary reimbirrfemen^t furnifhed to a nation with which 
(he is at war, as an a6l of hodility. 8^th. That by inftruftions 
from the Prefident of the United States, the American citizrns 
who ranged themfclves under the banners of France, have been 
profecuted and arrefted, a crime againft liberty unheard of y of 
which a virtuous and popular jury avenged with eclat the defen- 
ders of the bell of caufes. 9th. That incompetent tribunals 
were fuffered to take cognizance of fadls relativs to prizes which 
treaties interdid^ them exprefsly Torn doing ; that on the ac"' 
knowledgment of their incompcitcnce, this property, acquired 
by the right of war, was taken from us, tliat it was thought ill 
of, that oar confuls protefted againft thefe arbitrary a£ls, and 
that a-> a reward for this devotion to his duty, the one at Boftoti 
wasimprlfoneda^ a malefa8:or loth. That the Prefident of the 
United States took on himfelf to give to our treaties arbitrary 
iBterpretatioBS, abfolutely contrary to their true ienfe, and that 
by a ferics of decifions which they would have us receive as lavi's, 
he left tio other indemnification to France, for the blood fhe 
fpilt, tor the treafirre (he diffipated in fighting for the indepen- 
dence of ths United States, but the illufory advantage of bring- 
ing into their ports the prizes made on their enemies, without- 
beina able to fell them, r ith. That no anfwer is yet given to the 
wutiricatiou of the decree of the national convention for opening 



our pirts'm the twcl worlds to the American citizens, znd g'rant- 
ing the fame favour to ihem as to the French citizens } advan- 
tages which will ceafe, if there be a cnntinuance to treat os with 
the fame inja'lice. I2th. That he has deferred, in fpite of MY 
refped^ful infinnations; to convoke Congrcfs immediately, in or- 
der to take the true fentirxients of the people, to fix the poliiicsi 
fydem of the United Sates, and to decide whether they wi I 
break, fufpend or tighten their bands with France ; an honeft 
rneafure \^hlch would have avoided to the federal govern iTieiit 
much contradi<5lion and fnbtcrfuge, to me much pain and dif- 
giift, to the local governments embarraf^ments fo much thf grea- 
ter, as they found themfelves placed batween treaties, which are 
laws and decifions of the federal government, which are not : in 
ftue, to the tribunals duties fo ranch the more painful to fulfil, 
as they have been often unJ r the necefilty of giving judgment 
contrary to the intentir ns of the government. 

It refulcs from all thefe faAs, fir, ll.-at I could cot but be 
profoundly a£[e<!5^cd with the conduct of the federal government 
towar^'S my country, a conduct fo contrary to what the will of 
their fovcreign, to what the proceedings of mine gave me reafon 
to expeSl : and that if I have (hewn firmnefs, it was becaufe 
it was indifpenfable that my rcfifta'ce fhould be equal to the op- 
prefll^n, tn the injuliice, which were in oppofition to the inte- 
rerts corfided to me ; it ij. that ir was noc in my charader to 
fpeak, as many people do. in one way and .M in another ; to have 

AN OFFICIAL LANGUAGE AND A LANGUAGE GO ■ FID KNTIAL. 

I have done llridly 'Dy duty ; 1 have defended"my ground, and I 
will fuffer no precedent againft any of the rights of the French 
peopl,' while there remaino to me a breath of h'fe ; while our iwo, 
republics fliall not have changed the balls of their political and 
commercial f.lations, while they fhall no have perfuaded the A- 
mcrican people that it is more advantageous f:)r th.m to have be- 
er me iiifenriSly the fiaves of Engia^el, ihe pa;iive tributaries of 
iheir commerce, the Ipjrt of their politics than to remain the 
al'itB of the onfy power who may be interclUd to defend the 'r fo' 
mereignty and their inJependmce ; lo open to them their colonies, 
and to their riclies thole markers which double their value. if 
ft be to this that 'end all the machinatior.s fet in motion againft 
the French Republicans and againit thei friends in the Unitecf 
St'itcs; if it be to attain this more conveniently, that they wifh 
to have here, inftead of a di/m > raiic ambaffado, a minitler of 
the ancient regimen, very complaifan , very m.ild, well difpofed 
to p'riy hifi court to pe pic in place, lo conform himfcif blindly to 
whatfoi.ver may flaitcr their vi«^w8 and their projcfts, and to 
prcftr above all iu ihe mcdtit and lure focicty of good farmcro 



APPENDIX. 

plain citi'zenfl, bonefl artlzans, that of diftinguifhcd prrfona^cs^ 
wh 1 fpeculate fo patriotically on the public fuud p< tHr id ds 
anu paper of the iiatt, I kiuw uot if the French Rtpubuc cao 
find tor ou at thib day, iuch a man in 'heir balo-n ; buc in a 1 
events fir, 1 can affure you that I wili prtfj very (Ir.ugly, iis 
governmeni lo facrifipe me ivithout hejl'ation^ if thia i jutiice offer<» 
ibcLeait Utility. 

Accept my refpecSts, 

GENET. 



NUMBER IV. 



TRANSLATION 

Of Mr Fauchet's Political Difpatch No. jo. cxtraded from 
'* A Viudication of Mr. Randolph's Refignat on," page 
41 to 48. 

LEGATION OF PHILADELPHIA, 

FOREIGN RELATIOsS. 

Private Correfpond^nce ef the Mlntjler on Polituks, No. 10. 
Philadelphia, the 10th Brumaire, 
jd year of th,e French Republic one and indivifihle. 

(October 31!^, 1794..) 
CITIZEN, 

I. THE meafures which prudence prefcribes to me to take, 
with refped o my colleagues, have Itill prefided in the digeftirig 
ot the difpatches figntd by tnem, which treat of the iiifurrec- 
tioa of ihe vveftern countries, and the rrprcfiive means adopted 
by the government. I have allewed them t-) be cowfined to fhe 
givi.;g of a faithful but naked 'ccital of events; the rtile-'ions 
therein contained fcarceiy exrecti the co clufinns eafily deduc'ble 
from the ch.rader affukned by the public prims. I have refrrved 
myfelt to give you, at* far as I am able, a key ^o the fatfls de- 
tailed in our reports. Whtn it comes in qucftion to explain, 
either by conjectures or by certain data, the fecret views of a 
foreign government, it would be imprudent to run the rifle of 
indifcretioDS, and 'o give oocfelf up to men whofe k-iiown par« 
tiality for that government, and fjimiiitud of paffions and iater- 
efts with Is chiefs, might Jead 10 confidences, the iifue < f which 
are incalculable. Bchdes, the precious co!ife,iions of Mr. R in- 
dojl^h alone throw a fati&fadiory ligiit upon every tlung that 



AYPENDIM. 

£0iiie8 to pafs. Thefe I have not yet corrmunicated to my coj- 
icagnes. The motives already mentioned lead to this rcfervc, 
and Hill lefs per it me to cpen myftlf to them at the prefenc 
moment. I fhall then endeavour, citi'Zen, to give you a clue to 
all the measures of wliicb the common difpaiches give you an 
account, and to difcover the true caufes ©f the explofion vyhich 
}t is obftinateiy rtfolve.d to reprtfs with great mtans, although 
the ftate of things has no longer any thing alarming- 

2. To confine the prefent crjfia to the fimple queftlon of the 
,cxcife is to reduce it far below its true fcale ; it is indubitably 
conr eflcd with a general explofion for fome time prepared in the 
public misd, but which this local and precipitate eiuptioB will 
caufe to mifcarry, or at ieafl check for a long time ; — in order 
to fee the real caufe, in order to calculate the cffed, and the 
jconfequences, we muft afcend to the origin of the parties exiil- 
ing in the date, and retraie their progrefs. 

3. The prefent fyflem of government has created malcontents. 
This is the lot of all new things. My predecefTors have given 
information in detail upon the parts of the fyltem which have 
particularly awakened clamours and produced enen.ies to the 
whole nf it. The primitive divifions of opinion, as to the poli- 
tical form of the flate, and the limits of the fovertignty of the 
whole over each Itate individually iovereign, had created the 

Jederal'ifts and the a U fectral'ijls. Fiom the whimfical contrail 
between the i ame and the real opinion of the parties, a conlraft 
hitherto little un.erftood \\ Lurope, the former aimed and ftiljl 
aim, with al their power, to annihilate federalifm, whilll the 
latter have a;ways wiflied to preferve it. This contraft was cre- 
ated by \.\\^ tonj'Aidators or the conititutior.alids \jmjl tuaus'\ 
whp, bcii g fiill in giving the denorainatiotjs (a matter fo im- 
portaiit in a revolution) look for ihtmfelves that which was 
moft popular, though in reality it cot»tradidted their ideas, 
and gave to their rivals one which would draw on them the 
attention of the people, notwithflanding thty really wifhed to 
prtftrve a fyflem whofe prejudices Ihould cher'ijh al leajl the memq^ 
ry and the name. 

4. Moreover, thefe flrft diylfiors, of the nature of thpfe to be 
deltroycd by time, in pri*portio:i as the nation fhculd have ad- 
vanced in the experiment of a form cf governnient, which re n- 
derrd it flourifhing, might now have completely difr.ppeared, if 
the fyllem of finances which had its birth in the cradle of the 
conftitution had not renewed their y gtnir under varioi s forms, 
Thp mode of organizing the national credit, the confolidating 
and funding of the public debt, the intiOdud?tion in the ] olitic.'il 
feconomy of the ufagc of lUtea which prolong their exitlence, 



APPENDIX^ 

.or ward off their fall only by expedients, imperceptibly crtaced a 
iiaanciering clafs who threaten to become thtf arlllocratical order 
of the ftate. Several citizens, and, among others, thofe wHq 
■had aided in eftsblifhiiig independeBce with iheir purfes or their 
arms, conceived themcives aggrieved by th.fe iilcal engage- 
ments. Hence an cppofition which declares itfcif between the 
farming or agricultural intered, and that of the iiscsl ; federal- 
ifm asid anti fgderalifm, which are founded on thofc new deno- 
minations in proportion as the treafmy ufurps a preponderance 
in the government and legiflation : hence, in fine, the ftatc di- 
vided into partifans and enemies of the treafisrcr and of his the- 
oriee. In this new claflification of parties, the nature of things 
■gave popularity to the latter, an innate inilind, if X may ufe the 
iexpreffion, caufed ihe ears of the people to revoh at the names 
alone of ireafurer zn^Jiock-jobber : but the oppofiie parly, In con. 
{equence oi its ability, obltinately perfifled in leavir.g to its ad- 
verfaiie* the fufpicious name of ant'i federal'ifi-^ whilft in reality 
they were friends of the conRitulion, and enemies only oi the 
cxcrefcences whizh financiering theories threated to atiaci* to it. 

5 It is ufclefs to Hop longer to prove that the monarchical 
fyltem was inierwcyeri with ihofe novelties of fiuances, a«d 5 hat 
the friends of the latter favoured the atteciipis which were mad? 
in order to bring the conftitution to ihe (o iDi-r by inftnfible gra- 
dations. The writings of in^uential men of ihis parry prDvc r \ 
their real opinions too avow it, and the j'uraals oi trie ftnatc 
are the dcpofitory of the firil attempts. 

6 Let us» therefore, free curfclves from tlie intfr ' ed;at£r 
fpaces in which ti e progrefs of the fyflsm is maikej, fiijce li.ty 
can add nothing to the proof of its exiiler.ce i k-: a-' pyl;) by its 
fympathy with our regenerating movementd, while running ia 
monarcliical paths ; let us arrive at the filuation in which cur 
repubiicaa revolution has placed things an. I parties. 

7. The anti federalists difembarrals tl.emie!vi:£ of an iufignifi. 
cant denomination, and take that of patkioi:^ and of j{L?ua- 
LiGAN's. Their adverfaries become ^r,i,^^i:r^?/s, notwiihllandinig; 
th.eir efforts to prefcrve the advantageous illufion ot ancient 
names, opinions clalh an 1 prefs each other; the ari/locraiic 
attempts which formerly had appeared fo infignifica:it are recol. 
leded ; tlic treafarer, who is looked upon as their full fourc , 
is attacked ; his operations and plans are denounced to the pub- 
lic opi: ion ; nay, in the fclTions ©f 1792 and 1793, a fulcmn in- 
quiry into his adminiifration was jobiained. 'i iiis firll vidwry 
was to produce anoihvr, and ii was hoped that', fnvlty Or inrQ- 
fcnt^ i])e treafurcr would raire, no Icfs by recifliiy iu the «)i?e 
.calg, thap fr.rrrj idflpve in the gthcr. lit^j trnb^i-ldeuid by i^'- 



APPENDIX. 

triumph which he obtained in the ufelefg enquiry of his en- 
riDJes, of which both objects proved equally abortive, leJuced 
befides by the momentary rcvc-rle of republlcanilm in Eur pe, 
removes the mafk and announces the ^ipproaching triumph o^ hig 
principles. 

8. In the mean time, the popular focieties are formed ; poh*- 
tical ideas conctnter tliemfelves ; [he tatrioiic pav'.y unite and 
morecloleiy conned ihemfelves j thty gain a fv-rmid ble majori- 
ty in the legiflature ; the ahajement of £m lerccj ihtjlaie y oj na- 
liigatiorit dsd the audacity o Eng'a;..d, (trengihe). it. A con- 
cert of declaraticns and cenfures aga'infl the government atfes ; at 
uhich the latter is even itfcif aflon-ih'. d. 

9. Such was the fiaiation of things towards the clofe of the 
bft and at the beginning of the prcieiU year. Let us pafsover 
♦he difcontents which were tr>o(l gcneraliv expr. fT^d in thefe cri- 
tical moments. They have been fcnt to you at difF;rent periods, 
aud in deti'il. In every c;uarter are arraigned he imbccillity of 
the government towards Great Britain, the dcfen^elefs ilaic of 
the country againft p< ffible invafions, the coldnefs towards the 
French Republic ; the fyllem of finat^ce U attacked, which thrcati. 
fus etcrniiing the debt under pretext of making it th. gua- 
ranty of public happinefs ; the complication of that f;, Ittm 
which wiihholds from general i: fpetlion all Us cperations — -the 
iiUrming power of the iiitiueuc^ jt procures to a man <wh'ft prin^ 
C'.pUi are regarded as disugerous -xXid prepoiider;;nce which li^at 
man 2c(|uirc'S h»m day to day in public meafures, avd in a word, 
t!;e immorai and impolllic modes of taxation, which he at firlb 
prefenls a«j cxpedicjits, a;^d aiterwards ra:f::s to permanency, 

10. In touching this lail point WE att in the p \r,cipal ccm- 
pla'mt of the vVtliern people, gnd the ofl?rJihU motives, oi their 
.movements. Republicans by principle, ii-dipcudcnt by charae- 
ler ai.d rituation, they could not but accede with enthuiiiim to 
l\i(^ crirfiinaflons ivJnch VJ'E have Jkdchedt But the f.Y.f//f above 
■A aiftdis t em. Their lands are fertile, watered with the fincfl 
rivers in the Wi.rld : but iht abundant frnitu of their labour run 
the x'lik t)f perilhlng for the wan' of means of exchanging them 
as ih'jff more happy cijlcij;ators do for objects which delirc iiidi- 
ralcs to all men who have known only the ci j;'ymt:nls which En- 
foj'tf pr-.tiires them. Thjsy therefore conycrt the excefs of their 
producjcjnlo h"<juors inpeifcdiy fabricated, which badly iupply 
jht place of ihoie thty might procure by exchange. I'he t:>;ciff 
iji tTt.a ed ai.d itrikes at ihi-- confohng transroimation j their 
iiofnpldints are aufwered by the ©i.ly prtiext, that they are other- 
wile inaccc'Il.blc to every otlu-r fpccics ofimpoit. jBui why, in 
t;A);uitn'^>f. of treaties, ire th.-y Icli to bear the yoke of tht fgtble 



APPENDIX. 

Spaniard, as to the Mifififlipp!, for upwards of twelve yoarjs f 
Since when has an agricultural people fnbmitted to the unjuft 
Capriciows Jaw of a people eicp'orers of the picdous metals f 
Miiiht we not fiipp- fe that Madrid and Philadi Iphia mutually 
afS'Aed in prolonginr the ilavery of the river j that the proprie- 
tors of a barren cohII are frai ', left the Mi'Tiilippi, onct opet.ed 
and i s numsrons branches brou<^ht i'to atfliviry, tHeir fields might 
become defarts, and, in a vvc^rd that commerce dreads navln^^ ti. 
valsin thofe interior parts as foori asthcrir u)habitants fhallccafe to 
b^ fubje(5\8 ? This lall fuppofuion is but too well f<>u)ded ; an 
influfntial member of the fcnate, Mr. Iz \iid, one day in con- 
verfa.i )n undifguired'y announced it to me. 

11. I fh'd! be mor^ brief i* my obfsrvatlons on the murmurs 
excited by the fy'tcm for the lale of lands. It h conceived ro 
be uujull that thefe vaft and fertile regions fliould be fold by 
provinces to capitalilts w!io thus enrich thewifelvea ,and retail with 
immenle profits, to the hu{b;indnnfn, polTcfiioiis which they have 
never fcea. If there wtrc not a latent dcfign to arrell the rapid 
fe tlement of thof^ lands and to prolong their infant ftate, why 
not open in the Well land offices, where every body v/Ithout 
diftin£lion. fhould be a^mitced to pnrchafc by a fmall or large 
quantity ? Why r fervc to fell or diitribute to favourites, to a 
clan ~f iiattereis, of courtiers tliat which belongs to the iiate, a d 
whic'! fliould be fold to the greatell poITible profit of all its mem- 
bers. 

12. Such therefore were thepart"? of the public grievance, 
upon which the wedern people moll infilted. Now as the com- 
mon difpatches inform y u, thefe complaints were fyltematizing 
hy <hc converfanoas of irifluenlial rnen v/ho retired into thofe wild 
coutjtries, and who from priticiple. or by a feries of particular 
heart-burnings, animated difcoaient§ already too near to effcrvtf. 
cence. At lall the local cxplofion is efi?ded. The wellern peop'c 
calculated on b-.-ing fupportcd by fame did inguifhed chara^crs in 
the ealt. and even imagined they had in the bofom of the go- 
vernment fome abettors, who might fliarc in tneir grievances or 
their principles. 

I :;. From what I have detailed above, thofe men might indeed 
be fuppofcd numcreus. The feffions of 1795 ^"^ '794 ''^^ 
given ifrportance to the republican p'rty, and foiidiiy to iv3 
accufations The propoiirions of Mr. Madison, or his project 
of a navigation a<ft, of which Mr. Jefferson was originally the 
author lapped the Britilh interell, now an integral part of the 
financiering fyilem. i\.1r. Tavloii, a republican member of 
the fcwatfif, puhMaed, towards the end of the fefli. n. three 
pdmphlcts, in which this laft is explored to ii9 origin, and d?* 



fploped III Its Ctnirfc 2nd confequerc^s with force nnd method.- 
In rhe !aft he aiTcrts thjtt the decrepit tlate of affairs refultin^ 
from th^t fyllem, could not but prsfage, under a rifing govern- 
s^ient, either a revolution or a civil war. 

14. The firft \va5 preparing : the governrarrtt which had fore- 
fcen It, reproduced, under var.ous forms, the demand of a difpo- 
fable \_difponftble~j. fo>cc which might put it in a rcfpeftablc Hate 
of defence. Defeated in this meafurc. who can aver that it may 
not have haftened the h:>cal irruption, in ©rder to make an ad- 
vantageous diverfion, and to lay the more general ftorm which 
it faw gathering ? Am I not authorized in forming this con- 
je6ture from the converfation whicli the fecrecary of ftate had 
with me and Le Clanc, alone, an account of which yon have 
in my dilpatch No 3 ? But hov? may we expert that this new 
plan will be executed ? By exafperaiing and fevere meafureSy 
authorifed by a law which was not foliclted till the clofe of the 
fellion. Tills law gave to the one already exifting for co'ded^ing 
the exclfe a coercive force which hitherto it had not pofTciTed, and 
a demand of whichwas not before ventured to be made. By 
means of this new law* all the refradory citizens to the old 
one were caufed to be purfued with a fudden rigour ; a great 
number of writs were ilhisd ', doubtlefs the natural confc- 
quenccs from a condudt fo deciiive and fo harfh were expelled ; 
and before thefe were manifedcd, the meins of repreflion had 
been prepared ; thia was undoubtedly what Mr. Randolph 
meant in telling me, that under pretext of giving energy to the go- 
vernment if was intended to Introduce i.bfolute poiuer^ and to mtflead 
the prefidcnt tn paths nnhic^^ icou/d ccnduct him to unpopularity. 

15. Whether the explofion has been- provoked by the govern- 
ment ;■ or owes its birth to accident, it is certain that a ccmmo- 
tion «f forrse hundreds of men, who have not fince been found 
in arms, and ihe very pacific union of the counties in Braddock'a 
iield, an union which has not been revived, were not fymptoms 
wluVh could juftify the raifing of fo great a force as i5 0comen. 
B:Tides the principles uttered in the declarations hitherto made 
public, rather annpunced ardent minds to be calmed than anar- 
chills to be fubdued. But in order to obtain fomething on t!ie 
public opinion prep: (Teffed againll the demands contemplated to 
be made, it was neceffary to magnify the danger, to disfigure 
the vi^'ws of thofe people, to attiibute to them the defign of uni- 
ting ihemfelve: with England, to alarno the citizens for the fate 
cf the coniiituiioD, whilil, in reality, the revolution threatened' 

* This hw was m'rrlaned in rhe cornment upon the lawsof the 
ia-ft f.ffh>w incloicd iu No. 9 of iho correfpondeace of the minifitr. 



APPENDIX^ 

diily the minifters. This ftep fuccceded ; an army is r^Jfed ; 
thh military part of the fuppr-rfiion is d'>ub^Iefs Mr, Hamil- 
ton's, the pacific part and thf fending of ommiffioners are due 
to the influence of Mr. Randolph over the 'nind of the Pre- 
iident> whom I deh'g^ht always to beh'eve and whom I do beh-ve 
truly virtuous and the friend of his fellow cin'zens and piinc pies. 
i6. In themcan time, a^M^ou;h here 'vas a certainty of hav- 
ing an army, vet it wae ifceflary to afTurc tJemfeives of co-ooe- 
rators amor g the men whofe patrietic reputation m ght influence 
their party, and whofc Inkewarranef'i or want of e'^cr ^y in the 
cxifting^ conjun<?lures inight compromit the fucctfs of th;^ plans. 
OF all the governors w' ^ f e duty it was to appear at the head of 
the requifitions, the governor of Pennfy'ya .ia alone crtjoyed the 
name of republican : h*s opinion of the fv-cretary ; f th- ir^^adi- 
ry and of hi^ fyftems was known to be unfavourable. The fe- 
.cretary of his ftate p ifTclTed great infiiience in tUc popular fo- 
ciety of Philadelphia w' ich in its tarn Infiuenccd thofe of 
other ftates ; of courfe he merited attention. It appear^., tNere- 
fore. that thefe men with others unknown to me, all havi-g 
without doubt Randolph at their head, W(<re balancing to de- 
cide on their party. Two or three days bef' rr the proclamati- 
on waspublifhed and of c^'Urfe before the cahi et had refolved 
on its meafures, Mr. Randolph came to fee me with an air 
of great ea^ernefs, and made to me the overtures of which I 
have given y^u an -account in my No. 6. Thus with fome thou- 
fands of dollars the Republic could have decided on civil war or 
on peace 1 Thut the confciencesof >he pretended p'.triots of A- 
merica have already their prices \_>arif.~\ It i*; very true that 
the certainty ot thefe conclufjons. painful to be drawn, will for- 
ever exift in our archives ! What will fee the old age of thi^ go- 
vern nent, if it is thus early decrepit ! -Such, citizen, is the 
evident confequence of thefyftem of finances conceived by Mr. 
Hamilton. He has made of a whole nation a (lock jobbing, 
fpeculating, feliTfh people- Richts alone here fix confideration ; 
and as noone likes to be defpifed, they arc ur.iverfaliy fought af- 
ter Neverthelefs, this depravity has not yet emb aced the 
mafs of the people ; the effeds of this pernicious fyftem have 
as yet but flightly touched them; Still there arc pairiors. of 
whom I delight to entertai'i an idea worthy of that impofing ti- 
tle. C<?«/m// Monroe, he is of this number. He had apprifed 
me of the men whom the current of events had dragged along 
as bodies devoid of weight. His friend Maddison is alfo an 
honed man. Jrffer son. on tvhom the patriots cafl fhei*- eyes to 
juccecdthe P reft dent ^ hadforefcen thefe crifes. He prmienty retired 



APPENDIX. 

/« order io avoid nial'tn^ ajignre aga'injl his tnclmaiion infcenss^ th^ 
faret of 'which will foon or late be brought to light, 

17. As foon as it was decided t'nat the French Repubh'c pyr- 
^chafed no men to do their duty, there were to be feen individu-" 
pis, abv^ut whofe condudithe government: could at lead form un- 
eafy conjeftuves, giving themfelves up wi h a fcandalous often- 
tation to its vicv^s, and even feconding its declaration^. The 
popular focieties foon emitted refolutions ftamped with the fame 
fpirit, and who, although they may have been advifed by love 
of order, might, nevtrthclefs, have omitte^ or uttered them 
with lj?fp folemr.lty. Then were fcenc rait g from the very men 
v/horn we had been accuftomed to regard as having litile friend- 
jhip for the fyftem of the treafurer, harangues without end, ir) 
order togivf? a new diredion to the public mind. The militia, 
however, raanifefted foiiue repugnance, particularly in Pennfyl- 
,v^oia. for the fer vice to which they were called. Several offi- 
cers rcfign ; at laft, by excurfiuns or harangues, incomplete re- 
quifitions are obtained, and fcattered volunteer corps from dif- 
ferent parts make up the defic'ency^ How much more intercft- 
ing, than the changable men whom I have painted above, were 
thofc plain Ci'i^ens who anfwered the folicitations which were 
made to them tr» join the volunteers — *< If we are required we 
vyill march ; becaufe we do not wiHi not to have a government, 
Ijut to arm ourfelves 3s volunteers would be in appearance fub- 
Xyribing implicitly to the cxcife fyftem which v»e reprobate." 

18. What 1 have iaid above, authorifes tjien our relling on 
the op:>ih n, bec«me incor.ltfiible, that in the cr;fi5 which has 
byrft, and in the means employed for reft iring order, the true 
qucftion was the d^ftrudlioH or the triumph of the Treafurer's 
plans. This bcir.g once eftablifhcd, let us pafs over the fafts rco 
iRtecJ in the common difpatches. and see huw the government or 
the t eafurer will take from the very ftrokc which threatened his 
fyftem the fafe opportunity of h.umblii g the adverfe pa ty, and 
of filencing their enemies wyeiher open or conct-aled. The army 
marched ; the Prefuient made known that he was going to com- 
r.Tand it ; he f^t out for Carlifl.^ j Hawiltck, as [ have under- 
ftood, rcqu.:ftcd to f> l!nw him ; the Prefideiit dared not to re- 
fule him ; It dres not require mucij penetration jto divine the 
oh}c£\ of this journey : In tr^e Prendcnt it wai wife, it might 
alfo be his duly ; but in Mr. H/vy.iLTON it was a confc.quence of 
the pro/ouiid pc'licy which diredl^all hisftepfl ; a meaiure dida- 
icd by a pevfefl knowledge of ihe human heart. Was it not 
{pttrffting for him, for his parly, tcttering under the weight of 
fvents without, and accufaiions wnhi", to pr )c;laim an intimacy 
^pprc pcvfcil than ever vvith the Prefidtni, whofe very name h 



APPEND! :t'. 

i fufficicnt HiMd again ft the moft formidable attacks ? Now 
X^h^t m(3re evident mark could the Prefident give of bisintiaiacy, 
than by fufferiiig Mr. Hamilton, whcfe nanie even is under- 
ftood in the well as that of a i ubh'c enemy, to go and plaie hira- 
felf at tha head of th'e array which went, if I may ufe the cx- 
^reflion, to caufe his ryftem to triumph againft the oppolition 
of the people ? The prefence of Mr. Hamilton with the army 
muft attach it more than ever to his party ; we fee what ideas' 
thefe circiimftances give birth to on both fides, all however to 
ihc advantage of the Secretary. , 

19. Three weeks had they encamped fn tlie weft without a: 
fmgle armsd man appearing. However, the Prefident, or thofe 
who wifhed to make the moft of this new mancEiivre, made it pub- 
lic that he was going to command in perfon. The feffion of 
congrefs being very near, it was wifticd to try whether there 
could not be obtained from the prefT^s, which were fuppofed to 
have changed, a fi!ence, whence to conclude the poffibility of 
infringing the conllitution in its moft eflential part, in that 
which tiKC? the rwiation of the prefident with the legiflature. 
But the patriotic papers hid hold of this artful attempc. I ana 
certain that the office of the fccretary of ftate, v»hich alooe re- 
mained at Philaddpliia (for while ike mnifter of finance was 
with the army, the minifter of war was on a tour t6 the Pro- 
vince of Maiue, four hundred miles from Philadelphia) main- 
tained the coHtroverfy in favour of the opinion which it was* 
defired to cftabh'rti. A comparifon between the piefident and 
the Englidi monarch was introdu ed, who, far removed from 
Weftminfter* yet ftridly fulfils his duly of fandtioning. It 
was much infnlcd on, that the conltitut'on declares, th t the 
prefident commands the armed force. This fimilitudc was 
treated with contempt. The confequeace of the power of 
commanding in perfon, drawn from the right to command in 
chief (or dircvSl) the force of the ftate. was ridiculed ad redu- 
ced to an abfurdity, by fuppofing a fleet at fea and an army on 
hnd. The refuk of this controverfy was, that fome days after,' 
it was announced, that the prefident would come to open thg 
approaching fcflion. 

20. During his Say at Bedford, the prefident doubtlcfs con-' 
certcd the plan of the campaign with Mr. Lee, to whom he left 
thf command ii) chief. The letter by which he delegates the 
command to him is that of a virtuous man, at leaft as to iHfe' 
suajorpart of the fentiments which :t conta'n^. He afterwa-ds' 
fet out for Philadelphia, where he hus juft arrived, and Mr., 
Hamilton remains with the army. 



APPENDIX* 

21" This laft circnmftancc tiTiveI!s all the plan of the feerefa-- 
ry. He prefides over the milliary operations in order .o acquire^ 
in the fig^t of his enemies, a formidab'e and impofic g confidera- 
tion. He and Mr. Lef, the comnriander in chief, agree per- 
fecfUy in principles. The governors of Jerfcy ar d Maryland 
harm-nizf? entirely witli them. The governor cf Pennfylvanfa, 
of whom it never would have been fiifpecled, h'ved intimately and 
publicly with Hamilton. Such an union of perfons would be 
matter fufficicnt to produce reliftance in tlic weftern counties^ 
even admitting they had not thought of making any. 

2 2. The foldiers themfclvcs are afionifhed at \ht fcandalous' 
paiety with which thofc who pofTef* ihe fccret proclaim their 
approacl.ing triumph. It is aflied, of what ufe are fifteen 
t oufand men in this c-untry, in which provifions are fcarce, 
and where are to be fcized only fome turbulent men at their 
plough. Thofe who condnded the expediti< n know thi« ; the 
matter is to create a great expe-iff ; when the forfts (hall come to 
be afL-iTed, no one will be willing to pay, and (hould each pay 
his afF€fhmen^, it will be done in curfing. ihp infurgent principles, 
of the patriots 

23. I is impolTiblc to make a more able manoeuvre for the 
opt-ning of congrefs. The psfliors, the generous i -dignation 
which had agitated their minds in the lait fellian were about 
bci' g renewed with ftill more vigour; there wa^ nothing to an- 
nounce of brill'anr fuccefs which they had promifcd- 'i he hof- 
tilitics ol Great-Britain on the continent fo long difguifcd, are 
now b«comc evident, a commerce always harraflVd> ridiculous 
ncgociations lingering at London, waiting until new conjundlures 
fiiould authori2re new infults-. Such was the pifture they were 
likely to have to offer the reprefentatives of the people. But 
this crifis, and the great movementa made to prevent its confe- 
quences, change the ftatc of things. With what advantage do 
they dcnouf ce an attrociou? attack upon the i onltituiion, and 
appreciate the aftivity ufed to rcpref? it ; the ariftocratical party 
will foon have underftood ihe fecret ; all the misfortunes will be 
attributed to patriots ; the party of the latter is about being 
defer ted- by all the weak men, and this complete fcffion will 
have been gained. ' 

24. Who knows what will be the limits of this- triumph? 
P'jrhaps advantage will be taken by it to obtain fome laws for 
ftretigthering the g( vernment, ar d ftill more precipitating tho 
piopcnfity, already vifibic, that it has towards ariftxracy. 

25. Such are, ci.izen, the data whicli I pofTcfs concerning, 
thtfe events, and the coi ftquences I draw from them. 1 wi/h 
I may be deceived in my caiculatioas, and the good difpofitio* 



APPEiitym. 

of the pfoplc, their attachment to principles lead me to expe^ 
it. I have perhaps heieio fallen iJito the repetition of refieftiona 
and fads contained in other difpatebes: but I wifhed to prefen? 
together fome views which I have rcafon to afcribe to the rniing 
party, and iome able manoeuvres invented to fupport them, 
felves. Without pav icipating i& the paffions of the parties, I 
obferve them , and 1 owe to my country an exad and rtri(ft 
account of the fituation of thi gs. I fliail make it my duly ta 
keep you regularly infbrmtd ot every cban; c that may take' 
place ; above all I fliall apply myfelf to peoctrate the difpcfiiioti 
of the legiflature : that will not a little afiill in forming the 
final idea which we ou:^ht to have of thefe n»ovement», anti 
what we {hould really fear or hope from them. 
Health and fraternity, 
(Signed) JH. FAUCHET. 



NUMBER V. 



L:£TTER TOMAZZET. 
I^rom the Paris MoniUur (a French official Paper) of Januarv 

2^, 1798* 
This letter, literally tranflated, isaddreffed to M. Ma^zei, au- 
thor of Refcarcl>cs, hiftorical and political, upon the United 
States of America, now relident in Tufcanyrf 
** OUR political fituation is prodigioully changed fince yotf 
left us* Inllead of that noble lave of liberty, and that republi- 
can government which carried us through the dangers of the 
war, an Anglo-Monarchrco-A.iftocratic party has rifen. Their 
avowed objed is to impofe on us the /w^a^/c^ as they have alrea- 
dy given us the form of the Briiifli governmest. Ncverthelef^ 
the principal body of our citizens remain faithful to republicao 
principles. All our proprietors of lands are friendly to thofe prin- 
ciples as alfo the men of talents. We have againft us frepub- 
Kcans) the JExccuthe Pcaierf ihc jfudlctary Poiyer (two of the 
three branches of our government) all ihe officers of govetnmentt 
all who are feeklng offices ^ all timid men who prefer the calm of df~ 
potiftn to thetempefuousfea of liberty, the Brittfh merchants and the 
Americans ivho trade on Britijli capitals, thefpeculators, perfons w- 
Serefl-d In the bank and puhhc funds (en.abMhmcnts jnventcd wiib 
views of corruption, and to aiUmilat? u«- to the 3^ritj(h rivodel m 
ki corrupt part*. ) 



APPHKDiXo 

^ I (Viould give you a fever, if I fhould name tlie apoftalei wW 
l^ave embraced thefe herrfies ; iren w!io were Solomorrf ;n ci uh- 
cil and Sampf'Us m combat, but wlrofc hair has been cut i ff by tbtf 
whore of England.* 

** Tbey v.'ould wreR froni lis that h'berty which we have ob- 
tained by fo much labour and peril ; but we fliall preferve it 

Our mafs of wt-ight and riches are fo po.jverful, that we have 
nothing to fear from any attempt againll us by iorce. It is fnf- 
ficient that we guard ou.fclves, and iP.at we l/reai 'he LlUpulian 
ties bv v.luch thry have boUt d u^, in the firJl flumbttrs wf ictifuc- 
ceeded our labours. It fufSces that we urrejl i\n: prcg efs of that 
fyflem of i.ngratincds znd irjujiice towards France, froiu vvl'ich they 
would alienate i-s, to bring u - under Britifli influence ." 5:c. 

Thus far ihe letter, to which t^ere arefubjoinea in the French 
paper lengthy remarks— what folio' s is a pan of thtm r 

«* It is Ccrtaintb.at of allthe iieutral and frieiidjy powers, there' 
is none from wliich F'ance had a right to exped mois inteieiV 
and fuccour than from the United States. •S/je is their true Mo* 
fher Couvtry, fincc flic tvas alfured to them iheii !Iberty and in- 
dej.endeiicc. Ur grateful childr'jn inftead of abandoning iicr, 
they ought to have armed in her dtffei;ce. 

♦♦ The French gsvernment. )r ihort, hasteflifivd the refent- 
menl of the Frcr.cli naiio'i- by breaking oft'commuuicacion with 
an ungrateful and fauhlefs ally," &:c. 

Iti- unneceffary to trouble the ieadervs'ith any remarks, 'J'he 
la^iguage of Mr. Jeffi-kscn's leUer an '^ the remarks in the' 
Freich paper.-^ upon it are too plain not tr b< undei ilood. All 
that is niTceffavy for the inquirtr of truth is to alk himleif, am 
1 to belvtve wl.at Mr. Jefferson writet coufidentially in f is 
clolct to a friend abroad, trai ihe lies of his government mult fee 
broken ? or is ihcre mere belief to be given to open deciaratl- 
ons at home of him and his fr;ends thai he refpeds the conlli," 
tuiion at a time popularity is fougUl for ?• 

* 1: is hardly woiih t»-hi!e, fuiCc the ^wu'on Is to pointsc^, to remark 
thac >li€ writer me nt Prcfidcnt Washinct N, who indeed wag a 
»» Samplon in ciinSut'!— 1 ut " whni'e h^ir," accorc'u.g to Mr Jpff ra- 
Bt)N, ' has been cut uff l)y tiie where of Eigiard" thai i?, bribe/. Ly 
Engla-^ Is there a usai) not fltvoteu ^o ^^r. jtrFERS0N*3 party aad 
dt-a«" to tlu-. KT.f,u-.ge o( truth, who can heUeve iucf, fl liiUCr of .he dc- 
ccale.l veiitiabJ • V' ief ? I is u iaft, that itoai t.-e time the Icter to VUz- 
Z«i aj)', earc ', Mr. Jt^fn^soN •cvjt after rh t ha.; a:y inurcourfe at^ 
Mount Vwrijori, whiic G ncii«l WaehingtvN wasahve; nor has he «lr' 
]h:? adhercuts dewicd the kt.cr. 



A-PTENDIXo 
NUMBER VL 

FROM THE RJCII\0ND EXAMINEF, 

^c?pY of Mr. Jff' FRsors's Letter in recV to one addrefled to 
him by a CitiZTn of Berkeley. 

Monticello, September 4, 1800. 
SIR, 
YOUR fav Hir of Augufl: 26th has been duly received and is 
^entitled t'^ my th 'nkfulnef^i ijr th* ptrfonal cunfiderations you 
are pl;-afed t«j exprefs i..i it. How far the meafare pmpoled 
^riig*!*^ have the expe<^ed effcd^, you can bed judge : however^ 
in the ejreat cKercile c>f right in whi- h the citizens of America 
are abour to act, I have, on mature cnnfidtration. teen, tiiat it is 
wy duty tohe paffive. l"'he intj^refts which they have at ft.^kc^arc 
e-.tirled to tlu^ir whole attention, unbiafT'.-d by i^erfoMal efteem or 
loci.l confideratiors ; and / am far from the prefimh-'ion of confi» 
der'ing myfclf equal to the ^ivfid dut'i s of the Jirjl magifls-acy of this 
country Tfias^ there (houlo be differences ot opinion amo* g o\ir 
fel o »-citiz nsis to be expedied always. Men \Xrha think free- 
ly, aid have th^ right of expre'i'ng their thought}., will differ. 
It is True, ihat thele d'lfferencs have of late been artifcially tnc eaf' 
ed ; but they art* n<?w again fubfiding to their natural level, and 
all ^vill fooM come ri. ht, if no a6ls ot v{ /lence i tervc. e. 

rhe grta^ qneition which divides oar citizens is, whether it tj 
i^{t^\ 'Jnt a preponderance of poiuer fJjould he lo ged ivifh tut Mo' 
narchical 0' the Repuhl can branch of ou" governm nt F 'fewpor.iry 
panics may pr-duce advocates for the forme opinion, even in thi* 
cou itry ,* but the opininn wifl be as fhort=]ived as thp panic, wi;h 
the great rnafs of our fellow citizens. There is v)nc clrr-urn- 
ftance vhich will always bti- g them to rights, — a prepond ranee 
of the executive over the eg' Jlalive branch cannot b^ maintained but 
by immenfe patronage, by multiplying offices, making them 
very bicrat^ye, by armies, navies> &c. which may enlifl on 
the fide of the patron ab thofe whom he can inrcre'l, and a I 
iheir famili' s and connexions j but thefe expcnfes mujl be paid by 
the labouf^irig citizen ; he cannot long continue, theref 're, .the .id- 
vocate of opinions wliich, to fay only the lead of tlv m, doom the 
Ijbouring c tizens lo toil and fnvea' for uflefspageans. 

I f!:o'jhibe unfaithful to my oivn feelings . luere I not to fay ^ that 
it has been the great iji f all human confolations to me to he confuk^-ed 
by the repuhlican portion of my fellonv ciizens, as the fife depofitary 
of their rights. Theji-ftiufj of my heart isy to fee them fo guarded 
as to be fife in any ha/uU, a d not to depend on the pcrfnal difpofi ion 
the depffitory : and i hope this to be pracu'c^^^le ab long a'i the 



APPENDIX, 

people retain the fpirit of freedom. When that is loft, all expe- 
rience has (hewn, that no forms can ket-p them free ag-ainft their 
own will. But that corrupt ftate of mind mu{t be very diftant in 
a country where, for ages o come, umrcupied foil tvi/f IliU offer 
itfelf to thofc who ivijb to reap for themfd'ves ivhat thanfehss hav: 
foivn. 

Our chief objeft at prefcnt (lionld be, to reconcile thf divifions 

v/hich have been artificially excited^ and to refiore fociety to lit 

ttvonted harmony. Whenever this (hall be do'^e, it will be found, 

ti.a!: there arc very few real opponents to a government ek^l've at 

Jhort intervals. 

Accept affurances of the refpec?^. Sir, 
Of your very humble fervant, 

Th. JEFFERSON. 

The features of the foregoing letter, addrefTcd to a fimple 
ft«d illiterate old man, are well calculated to captivate and hold 
in thrald m the mini'.s of the uninformed. To the more dif- 
cerning it prefentsa very d'fferent afpeft. The pretenfions Co 
an obfolutcly pajfive rcfignatlony 'dud to fingular mode/ly, c?,mpd even 
thofe who are willing to forget, to recolie6t the unprincip'cd ex- 
ertions, which v^ere incefianlly mav-^e to combi-ie and bring into 
cperation, every engine, however worthlefs, for the purpofe of fe- 
curing even at the hazard of the conftitution, the union and the 
pefce !;f cur country that identical ftation concernir;g which 
thefe rnore than modcft profcfiions ar<" made. The prcrtenfions 
to extraordinary zeal in the caufe of republicanifm are evid^^nced 
by an apparent difpofition to degrade tlie obje6i:, to which afpi- 
r^ng ambition was ftriigeling to rife. That ambition, as well 
86 a fpirit of calumny againft the then exifting adminiftrarion, 
are betrayed in tiic attempt to rrMfreprtfent ihejuft alarm of the 
/country, at the threats of France nf national annihilation, as 
femporary panics^ artifctally excited and inereafed by the ^overn- 
incDt, whiift devotion to France according to the declara ion of 
Dlpont De Nemours, and refentment at the refi(lai!ce of the 
jgovernmcnt, are equally betrayed in the attempt to pervert the 
jieceffary preparations for defence into ufekfs pageants, and pro- 
vfiions for the perpetuation of power. The unhallowed defigns 
of unprincipled ambition are again betrayed by extraordinary 
fympalhy pretended for the labouring citizens and by gro{s flatte- 
ry to th'ife, who arc denominated the republican portion, whilll the 
barriers of the conftitution, the only means of fo guard:n':^ the 
rights of a lit ^r to he ffe in any hands ^ and not to depeni up n the 
peffonal d'ljpojitionof any dcpcjtta js are to be brought into jeo- 
[ardy by luch advances ol a d^'poGiary, the avowed adverfary of 



APPENDIX, 

tke iodependence of t^e judiciary, the avowed concentrator of 
legiflative and executive powers, and the avowed opponent of 
an equipoife in the governiHent. To crown the whole, « fpirit 
of reconciliation and harmony is clainned in the end. This csncili- 
atory and harmonizing fpirit has fince manifefted itfelf by dcnoun* 
cing, 2.% ^ political feci y tho^Q under whofe honourable appeliationy an 
afyluna has been fought, aod by profcribing eves the lefi men 
upon avowed parry principles The operations of this harmo- 
nizing fpirit are at length to refult in what ? Why ia a proof, 
that there are very few real opponents to a government eleciive atjhort 
intervals^ Where is the evidence that there are any fuch ? Let 
him who puts forth the illiberal and unfounded infinwation pro- 
duce his evidence of its truth, or let him Hand, as he ought to 
do, a calumniator convi(5l. 



NUMBER VII. 



Extrad from the Documents accompanying Mr. Pickering's 
Letter to General Pinckney, as corarauaicated by Prefident 
Washington to Congrefs in his Mclfage of January 19, 
1797. 

No. 114. 

[^TRANSLATION.]! 

l\th MeJJidory ^d F.epublican year, 12. July^ 1795. ^» •?• 
P. A. ADET prefents his comphmcnts to Mr. Randolph, 
and fends him the letter which he fhould have addrefied to hitn 
fome days ago, if the fever he is afflicted with had permitted him 
to attend to bufinefs. Mr. Randolph will find with that letter 
a part of P- A. Adet's inftruftions, relative to the articles of 
the treaty which the French government has inftruiSled him to 
itipulate pofitively. The other articles, founded on reciprocal 
advantages, are left to the courfe of the negociation which is to 
eftablifti them. 

P. A. Adet will have the honour of feeing Mr. Randolph 
as foon as his health will permit. 

No. 116. 

[translation] 

Extraft from the ladrudions given by the French Government 

to Citizen Adet. 

The minift^r pienipoteatiary fhall ftipulatc pofitively and 

without icferve, the reciprocal exemption from the tonsagc 



APPENDIX. 

duty, fo neceflary to our mercantile marine. This exemption, 
implicitly affured in the ports of the United States by the 4th 
and 5th articles of our commercial treaty, has never been exe- 
cined therein -, and fince the orcanization of their cuftoms, a 
very burthenfome tonnas^c duty has been rigouroufly exa(hicd on 
our merchant vefiels. Even in 1793 a feverity and an injullice 
were ufed which the American government fhould noi have fuf- 
£ered. But i\\e. t efpecllve naturaH%ation of the French and Ame- 
rican citizens^ prcpofed by Mr. J^EFFEnsoi/y and d fired by the 
French natien will facilitate this ftipuiation of a reciprocal exemp- 
tion from tonnage, and render ii lefs ofFcufive t© the p wers 
who, in virtue of rrealies, might claim a participation in the fame 
advantages : as the cafus faderis would by this ilipulaiion be 
changed in rhis refpedt. 



NUMBER VIIL 



THE word " revoIutie)n" and its derivative " revolutionary** 
like uia:;y terms in every language, naay be ufcd wi'h a confi- 
derable variety of fignification. In the country from whence 
we had derived our language and the principles of our laws, 
as well as our ©ligi' , the term " revolution,'* in a political £ nfe, 
had been ior.g ufcd to defignate that fei tlement of the govern- 
ment, which hid taken plsce upon the abdication of James II. 
and the adrrifTion of Wiliiam I.II and Mary, the daughter of 
James, to the throne, in 1688, by a recurrence \.q its original and 
luridameintai princijles as they bad been long aflerted and main- 
laiued on the one part, though difputed and fometimes viola- 
ted on the other. In America the term ** revoluiion'* had 
been uftd to fjgnify the crifis which produced a fev^rance of 
the Britifh empire, and the eftabiifliment of the United States 
as a feparatc and independent nation. That event was owing to 
a conteft, not f,r ne'w, buffer ancient and fundamental principles 
en our part, an equal right to participate in which had been de- 
nied by Britain to the people of the United States, and by the 
people of the United States afferted and fuccefsfully mai: rained, 
under the aufpices of Washington. In this fen fe the term 
«' revolution" had been ufed fubfequent to the ertahlilhment of 
American independence, and previous to the commencement of 
the convulfions in France. Of this adherence to ancient princi- 



APPENDIX* 

pies, as the objccl of conteft, the cleared proof exiffs in the de- 
claration of rights of almoft every (late in the union. 

The conviiifive itate of France has alfo been called a revohi- 
tion, and by the confufion of ideas, excited in co fcquence of 
ths apph'cation of one and the farae name to events or crifes 
wiiolly different, much mifchicf has probably been done. The 
poh'tical events, in Britifh and American hiftory, (iyled revolu- 
tions, havi. g originated in the aflertion of ancient principles, 
calculated to give effcdl to a rational, temperate, and^pratticablc 
liberty, confillsnt with the } reftrvation of jullice on the one 
hand, and the authority of government on the other, and having 
terminated, in confequence of their adaplatim to previous and 
approved ufages.and to the a<^Lial fituation. of thofe whom they 
concerned, in the i.appiefl manner, a fjgnification highly favoura- 
ble and popular became attached to the term " revolution'* it- 
felf. That favourable fignificatfou ftill atteadcd the term, when 
applied to the ftate of France, though nothing, \n fad, could 
be more diflimilar. The principles of the revolution of France, 
as it has been called, had nothing in them of prefervation : they 
went to a pcrfedl erafure ©f ail former principles, rights, and 
ideas : every thing was changed ; fociety and government were 
broken up from their foundaions ; confcquently, there remain- 
ed nothing to which a recurrence might be had. The refult is 
known. In what fenfe is Washington to be ftylcd a revolu- 
tionary charai^er ? The expreffion itfelf is of modern invention 
and of foreign extraflion. It was not to be found in American 
language, tid. like many other modern terms, it was fpurioufly 
beg'-'tten by an illicit connection with French principles. Was 
Washington then, in French fignificatiiin, our firjl a>dgreateft 
revoIuUenary character P If ; is fpirit takes any concern in our 
prefent humiliating condition, and deigns to attend to our new- 
fangled terms, is it poirible, that it can find pleafure in this 
equivocal, lo fay the leaii of it, compliment to his memory ? 



NUMBER IX. 

> 



CAN it be hypercritical to fnppnfe a mental refervation here . 
During the dilculTion of the fubj-dl of a national monument to be 
ereftcd to the memory of Washington, a variety of artifices 
were recurred to, in order to prevent the adoption of any adequate 
plan for that purpofe. The expesfe of fuch a work was much 



APPENDIX. 

dwelt on. This was known to be a popular topic, and of con- 
fiderablc efficacy with fome who were not likely to be influenced 
againft it by any other confiJeration. But this was neverthciefa 
an oftenfible, rather than a real objcftion with thofe who were 
Hiolt (Irenuouuy oppofed to it. Averfe to incur direftly an im- 
putation of holliliry to his raemory, they were willing to concur 
in the ereftion of a monument, and that too at c^nfiderable ex- 
penfe, provided that monument fhould be of fuch kind as, hav* 
ing relation fyleSy to his former military fervices as a general, 
might caft a (liade of cenfure, by invidious implication, upon his 
iubfcquent poiirical fervices as prefident. Hence the rtcurrence 
to the old refoIutioD of congrcts concerning an equeftrian ftatue 
in bronze. That, by reafon of the time of its adoption, necef- 
farily exclud"!d every idea of a reference to fubfequent events. 
It was forefeen that a great permanent national monument, 
erected to his memory generally would be peculiarly calculated to 
recal the miiid of every beholder to a ftate of folemn contempla- 
tion upon the charaQ:er, principles, and conduft of hin^ to whofs 
memory c fhould be ere6led. It was foreCeeu, that the pure 
virtue the illuftvions and lifinterefted fervices, and the fmgular 
prndence and judgn^cnt which ha i marked his c®urfe thiough 
life, and which had led to the mofl happy refult in relation to 
bi^ country, could not i''\ to attr^^ the approbation and 
admiration of thofe who fl^ould ferioufly contemplate that virtue, 
thofe fervices, and that prudence and judgmet^t. \i was fore-* 
feen, thac this approbation and admiration would naturally tend 
to fix the public miud upon the means by which that happy re- 
fult hac. httm produced. Bui. this, h was ioreften, mutl alfo tend 
to the political condemnatio! of thofe who had uniformly cen- 
fured and oppofed the priiicipics and mcafures of hi iidminllira- 
tion. They therefore oppofed the cr (flion of a monument which 
ihould at once attefl the gratitude of -^heir country, and contri- 
bute to the permanency of its happinefs. Is it not equally 
probabk, thac one who had ungrneroufly repiefented Wash- 
ington as an apoftate^ as a Sawpfon in combat , nvhofe hair had been 
cut qffby the tuhore tif Engl and ^ fhould be cautious how he admit- 
ted his continuing title to his coutitry^s love^ or to a Jlaiion in ihs 
Jairejl page of the volume ojjaithfulhijlory ? 



APPENDIX. 

NUMBER X. 

" TELL meh nvhat means ye hnve lojl your Jo ficurijlnng Re^ 
puhlic in fo fiort a time ^ The^e came forth aj'tvarm of oralors, cuu^ 
JijTiiig of Jlr angers, fools, and unexperienced youihs." 

Poets have been often faidto bc^ prophet?. Were we to concur in 
attributing a portion of the prophetic fpirit to old NjsvIus (Vide 
Ciceronia Catonem majoretn, cap, 6) we might with the aid of a 
little enthufiafm attribute to him viiioiis which Columbus never 
faw. We might fuppofe that he forefaw net only Columbus's 
voyage, but the voyages of many i?.te imported patriots, who 
better than any others anfwer to his defcription of '' novi'^ and 
who, according to Roman ideas, muft be fuch as nobody knew 
any ihing about before. OT thefe new imported patriots, thefe 
*' oratore: ncui^^' feme have c: me from countries? unknown, fome 
from countries hqw no mart, and fon^ie, though from countries 
known, of fuch d ^ubtful characters, that it had been better 
could it have been faid of them, that nothing is known, fincc 
nothing good is known. Yor the virtuous, peacejtd foreigner. wi)0 
comes to iVek peace and an honeft livelihood in our country, 
may all the kindnefs of hofpitality, and blefiings more th n he 
hs ever conceived, be fliowured down wpon hmi. But for the 
no'iiy, meddling, nvfchie'vous intruder, let him be fcouted by every 
real Am.erico n citizen, who refpeds the original princip es. and 
partook of the original rights of American independtnce. ** A 
Jlranger^ ivho at uthens tnlermeddkd in the ojftmhlies of )he peo- 
ple, was punifJosd with death,'* fays an ancient writer. *' "This 
was ( fay s Montesquieu) hecavje fuch a man ufurped the rights 
offs^cereignty.^" Without proceeding lo the democratic extremi- 
ty of Alhe-ian feterity, we might nevcrtheiefs frown into fi- 
lence tbofe bufy diftuibera of the publi ' peace, the *' orator es 
novu ' whatever might be the m -de taken by them for difiufing 
their peftiferous principles. Their filence would, without doubt, 
not a little diminiih the inconvenience fuffcred from the *• oraiores 
jliil'i,'* whofe 'iumbers, as well as infatuation have doubtlefsbcen 
incruafed by 'he i'-sfiuence of the ♦' oraiores novi.'" Tl-.e filci^cc 
of the fird clufs, the '* Oraiores novi," and the dimi- uiion of 
the fecond clafs, the ^''.oratores Julii" would probably renj'rr 
the 77iildcorreBiveof C^r«. Jr-'fuMufficier^t f r the third clafs, the 
** oraiores ado'efcmtuli.'* IrainVies are la;d to hnvt: bc'-n made 
fome time fince of a gentleman of that S ate whether freedom 
of fentimtnt was* not there unduly refcraintd by the .'uulu-rity 
of the pric liliood, and the influence o* thr fe iu power ? He is 
faid CO have replied, by explaining the frequency, nature and 
bufinefs of the vaiions toivn and other rneedngs of the people, i« 



APPENDIX. 

which every man enjoyed and fxercITed the utmofl freedom of 
fpeech and of fentiment, coiififteut with oraer and dtcorum. He 
however is faid to have concluded his information with an obfer- 
vation to the following e(fe<!ii, -*' If a young man nvere to rife up 
en one of thcfs occafions^ a fid tell the meeting that the old men nvere 
fools ; and that neither they nor their cnaflors had ever yet acquired 
any kr.oiokdge of their oiun interejh, or knew nvhut ivas for the 
cd'vantage of the State ; hut thai he could iujliud them in all thefe 
things :'-~To be f lire (faid he frnihrrg) the people <ivould laugh at 
him." Unlefs feme corredtives can be applic j to the. ^' oraiores 
novif Jlulii, adolefcentult^" it requires not the ken of fecond hght, 
nor the i3<ill of a foolhfayer to forefve and predid that the peri- 
od is not fardiitanc, when it may be truly cxciaiaied in the 
words of Appius CLAUDius the oh'itd ; 

** Q^uo vobis mentes, rcifTtgs qua: ttare fokbarit 

«* Antehac, demenies fefe ilexore viai ?'* 



NUMBER XL 

*' THE laws and 'he conftftut'on oF ihe kingdom cf Eng- 
land, (f^ys Mr. Burke) cntrull the fo!e and exclufive right of 
treating with fortign potentates to the king. 1'hia is an undif. 
puted part of the legal prerogative of tht crnv/n. However, 
notwithttanding this, Mr. Foi, without the knowledge or par- 
ticipation of any one perfon in th.e houfe of commons, with 
whom he was bound by every party principle, in matters ef de- 
licacy and importance, cofifidentialiy to comn.unlcate, tl^cught 
proper to fend Mr Adair as h;s leprefentailve, and with hiscy^ 
pher, to St Peterfburgh, there to frudrate the cbjee!ls for which 
lae miniiter from the crown was authorized to tieat. He fuc- 
ceeded in this his dt-fign, and did aduidly fruftraie tht king's mi- 
nifter in fome of rhe ohjc ds of his negociation. 

♦'This proceeding of Mr. Fox does not (as I conceive) a- 
mount to abTilute high treafon ; Ruflla, though on bad terms 
not having been tlicn declaredly at war with this kiigdoiR. But 
fuch a proceeding \^^ in law. not very reaiolc from that offence, 
and is undoubtedly a moll unconftitutiowal ad, and a high trea- 
foni.bic mifciemeanor. 

<^ I he legitimate and fure mode of communication between 
this nation ai)d foreign powers isrcndereil uncertain, precarious 
ana treacherous, by bcirg divided into two channels; one with 



APPENDIX. 

the goreiEnment, one with the head of a party in oppofition to 
that governmenc ; by which me?ns the foreign powers can never 
be alTurcd of the real authority or validity of any piibh'c tranf- 
a(fi:ion whatr^vtr. 

^ On the otiier hand, the advantage taken of the difcontent 
which at tha: time prev.^iied in parliameiit and in the nation, to 
give to an individual an influ -nee directly again ft ihe government 
of his country, iha foreign court, had made a highway into 
England fo' the intrigues of foreign courts in our affairs. This 
is a fore evil : an evil, from wkich. before this time, England 
was more free than any other nation. Nothing canpreferve us 
from that evil ---which counefls cabinet-fafliors abroad, with 
popular facfiiions at home -but the keeping facred the crown, as 
the only channel of communicati n wi^h every other nation." 
'-^Ex trail from Mr. Burkl's Pqflhumoiis IVoh, 'pari zd^pa-yg 

The conftitution of the United States declares, that '' lie 
(the Prefidcnt) fhall have power by and with the advice and 
confent of the Senate, to make treaties, provided ivvo thiid:j of 
the fcnators"prefenc concur, and he fiiall nominate, and by a-^id 
with the advic'f and confent of ibc Sc-nate (hall appoint amha/Ta- 
dors, other public minill:crs and coufids-''' — ** Ht /hall receive 
ambaffadors and other public mi iiters ;" — It further declares 
that '' No Slate fnall enter ino any treaty, al'iance or confede- 
ration"— that '* No State fiiali with«i.ut the confent ©f Con- 
grcls, enter into any agreement cr compad with another State, 
or with a foreign power.'' 

The docftrines laid down by Mr. Burke, in the preceding ex- 
tra6l, in relation to the kingdom of England, fubilantially apply 
to every independent country, whatever may be its form of go- 
vernment. If the principle of keep'ng facred the aathority of 
that department of the government which is dtfjgnated by the 
conftitution, as the on'y channel of coKimunication with every 
other nation, be n at adhered to, that highway iato ow country 
for the intrigues of foreign cr.urts in our affairs, muft be made, 
and that fore evil>A.hich connedtd cabinet fadions abroad with po- 
pular factions at home, (to ufc the language of Mr. Burke) 
— or thofe da-gers againft which Washington warned 
us, when he faid '* Againft the infidious wiles of foreign in- 
fluence ( I conjure you to beh'cve me, fellow citizen,^) the jta- 
loufy of a free people ought to be conllantly awake, * — muii 
gain ingrtfs over that highway into our couniry. 



APPENDIX. 

NUMBER XII. 

TO give fome Idea of the gener .1 (jcprawatlon of manners, and 
perverfion of ideas prevalent in France ; and of the chara6ler of 
the dirc6lorial government, let the following brief extra'dls fuf- 
lice. 

In page 51, fpeaking of the trite apothegms of the time, Car- 
NOT telirf us the following wtre current. <' Principle is only fit 
for fools. The conillcution is only fif for fools, — honour and 
fidelity to our engage'«neni8 are only lit for fools — there U no 
fnch tliiiig as right, but for him who is the llrohgell, — all other 
theories of pretended principles are abfurd, and he who appeals 
to them is a dolt." 

In page (^o, the following paffage occurs. ** The fyltem 
purfucd by the dire6lorv is by no means ambiguous to a:.Ty one 
who has attentively obferved their proceedings. Their fyllem 
is evidently to found the power of the nation, K f s on tht^ ag- 
grandizement of the republic, than on the weaknefs and deftruc- 
tion of its ncighbi'^nrs ; -to fight them one againft another, to 
treat them as friends, fo long as they have occafion i*o parallzc 
them by cxhaufting all the fucccura they can yield ; and when 
the lime is come for crufhing thera, inftantly to employ tbeir 
fertile genius in inventing fufRcicnt pretexts to pradlfe the fable 
of the wolf and the Iamb." 

In page 156, Car not relates an interview between a (hoema- 
ktr and himfelf. In which the fhoemaker had honoured Carnot 
by conlr-.ering him as a Brutus : the tenor of the converfation 
draws the following reflexions from Car not, * From this T 
peictived that this ^.lafs of fociety had been p -rpofcly filled with 
fuch wild ideas, that wirti them every conttitution, every law, 
and every government whatever, appeared an invafion of liberty, 
every man in fiffiit a tyrant, and every one wh^ propofed to kill 
lhem,efpecia!ly if he undertook the office himfelf, as a I^rutus." 

In p?ge 182, we find the following paifage — " Who are the 
decided enemies of republican gnvernmenc, but thofe whollrive 
to render it odious ? Siuce words alone are of no value, it is 
experimental happincfs, which the people require. If they are 
wretciied in a rt-puhlic, they will demaiid a monarchy. If they 
are made to believe, that a republic offers i,othing, but a perpe- 
tual ftate of felf denied, — that it is a :;overnment where juilice is 
adminillered by cannon bails, and where it is difpenftfd with, 
when any one cuis the iRroat of a royalift, — where fear is the 
univerfal prlicip c of action, — where natural affections arc wcak- 
neiTcs, ajid the prgndices of education are confidered as crimes, 
TR-hsrc d coiurn and good faith are ndiculcus, and a wilh for 



APPENDIX* 

tranqttilHty a breach of public duty : inhere liberty ccmfifts in a 
right to opprcfs, and the charafiler of the goverHmeat: is violent 
and arbitrary ; I lay, if fuch a defcription of a repubu'c is offer, 
cd to the people, they will demand a monarchy. Such alas ! 
is the falfe, but miferable opinion, which the greater part of the 
French nation have been brought to adopt. Examine them, 
particularly in the country, and you will now difcover, that each 
of them has quietly formed adiftinfl and twofold arrangement of 
his fellow citizens. In one of thefe claffes he places thofe, who 
arc gentle in their manners, of peaceable dlfpofition, very fuf- 
ceptible of alarm, but regular in their lives, and fupporters of 
good order, and thefe be will defcribe as ariftocrats. In the 
other, he arranges all thofe whefc qualities appear to be infenfi- 
bility, effrontery, luxiuioufnefs, calumny and impiety; and he 
names them patriots '* 

The exclufivc patriots and republicans of America mourned 
the fall of the direclory, asd configned thgir ove-throzDcr to the 
fate delllned for Car not : for this, fee the publications both 
in the Aurora and in the Univerfal Gazette, upon the firft: re- 
ceipt of the news of that event. Of the coincidence of the prin- 
ciples and fentimeots betv^een iht foi-difant patriots of the one 
country and the other, every man can judge for himfclf^ 



NUMBER XIIL 



Extra(S from the Inaugural Addrefs of Mr. Jefferson^ when 
induced into the office of Vice- Pre fid cut of the United 
States, March 4, 1797. 

«* I MIGHT here proceed, and with the greate^ft trutbj to 
declare my zealous attachmeat to the conftitution of the United 
States ; that I confider the union of thefe ftates as the firLl of 
bicffings, and as the firft of duties the prefervation of that con- 
ftltution which fecures Ii : but I fuppofe thefe declarations noc 
pertinent to the otcafion of entering into aa oiice w!)ofe primary 
bufmefs is merely to prefide over the forms of this houfe ; and 
no one more fmcsrely prays that no accident may call me to the 
higher and more important funftlons which the conftituuon 
eventually devolves on chis office. Thefe have been juftly con- 
fided to the eminent cbarader wlio has preced^id me here, whofe 
talents and integrity have been known and revered by me 
through a long courfe of years ; have been the foundation of a 

£ 



APPENDIX. 

cordial and uninterrupted friendfhip between U3 ; and I deroutlf 
pray he may be long preferved for the p:overnmci|,t, thd happi- 
nefe, and profperity of our common country." 



NUMBER XIV. 



INAUGURAL SPEECH. 
Delivered March 4. i§oi. 
Friends and FcliowCitizens, 

CALLED upon to undertake the duties of the fiid executive 
office of our country, I avail myfelf of the prefence of that portion 
of my fellow-citizens which is here aflembled, to exprefs my grate 
fal thank.s for the favour with which they have bees plcafed to 
look towards me, to declare a fincere confcioufnefs that the taflt is 
above my talents, and that I approach it with thofe anxious and 
awful prefentiments which the greatnefs ef the charge, and the 
weaknefs of my powers fo juttly infpire, A rifing nation, fpread 
over a wids and truirful land, traverfing all the feaa with the rich 
produftions ot their induftry, engaged in commerce with nations 
who feel power and forget right, advancing rapidly to dedintes 
beyond the reach of mf^rtal eye : when I contemplate thefc 
tranfcendant objeds, and fee the honour, the happinefs, and the 
hopes of this beloved country committed to the iffue and the 
aufpices of this day, I fllrink from the contemplation, and hum- 
ble myfelf before the magnitude of the undertaking Utterly 
indeed fhould I delpair, did not the pr^fcnc^- of many whom I 
here fee remind me, that in the other high authorities provided 
by our conftitution I fhall find refourcet) of wifdom, of Yirtue, 
and of zeal, on which to rely under all difficulties. To you, 
then, gentlemen who are charged with the fovereign funflious of 
Icgiflation, and to thofe afTociated with you, I look with encou- 
ragement, for that guidance and fupport which may enable u» 
to (leer with iatVty the vefle! in which we are all embarked, 
amidft the confliAing elements oi a troubled world. 

During the cortcd of opinion through which we have paftj 
the anniraation of difcuffi ns and of exertions has fometime» 
"jvoin an afpe£\, which might impofc on ftrangers un-ufcd to 
think freely, and to fpeakard to write what they think ; but 
this being now decided by the voice of the nation, enounced 
ace rding to the rules of the conllitution, all will of courfe ar- 
raoge thcrafcUes ander ihe will of the law, and unite ia common 



APPENDIX, 

efforts for llie c©jnmon good. All too will bear in mind this fa- 
cred principle, that though the will of the m jority is in all ca- 
cafes to prevail, that will, to be rightful, muft be reafooable ; 
that the minority poflefs their eqaal rights which tqual laws muft 
protcft, and to violate which would be oppreiTion. Let us then, 
fellow-citizens, unite with one heart and with one mind — let 
us reftore to focial intercourfe that harmony and afF.diion, with- 
out which liberty, and even life itfelf, are but dreary things.— 
And let us reflcft, that having banified from our laud that reli- 
gious intoleranc under which mankind fo long bled and fufFer- 
cd, wc have yet gained little if we countenance apolitical in- 
tolerance, as defpotic, as wicked, and capable of as bitter and 
bloody perfecutioui. During the throes and convulfions of the 
ancient world, during the agonifing fpafm.s of infuriated roan, 
feeking through blood ard (laughter his long loft liberty, it was 
not wonderful that the agitation of the billows fhould reach erea 
this diftant and peaceful fiiore ; that this fhould be more felt and 
feared by fomej and lefs by others ; and (hould divide opiaions 
as to meafures of fafety ; but every difftfrence of opinioii 
is not a difference of principle. We have called b^ different 
names brethren of the fame principle. We are all republicans : 
ve are all fcderalifts. If there be any among us who would 
wifh to diffolve this union, or to change its republican form, 
let them ftand diltinguifhed, as monuments of the fafety with 
which error of opinion may be tolerated, where reafon is left 
free to combat it. I know indeed that fom« hoqcft men fear 
that a republican government cannot be ilrong — that this go- 
vernment is not ftrong enough. But, would the honeft patriot, 
In the full tide of fuccefsful experiment, abandon a government 
which has fo far kept us free and firm, on the theoretic and vifi- 
onary fear, that this government, the world's beft hope, may, 
by polTibility, want energy to preferve itfelf ? I truft not. I 
believe it the only one, where every man, at the call of the law, 
would fly to the ftandard of the law, and would meet invafioni 
of the public order as his own perfonal concern. Sometimes it 
is faid that man cannot be trufled with the government of hirafelf. 
Can he then be truftcd with the government of ot. ers ? Or have 
vre found angles, in the form of kings to govern him ? let hiflo« 
ry atifwer this queftion. 

Let us then with courage and with confidence, purfue our 
own federal and republican principles ; our attachment to unien 
and reprefentative government. — Kindly feparaced by nature and 
a wide ocean from the exterminating havoc of one quarter of 
the globe ; too high minded to endure the degradatic^ns of the 
other; polTcfiing achofen country, with room enough for our 



APPENDIX. 

defcendants to the thoufandthand thoufandth generation, enter- 
taining a due fenfe, (ff our equal right to the ufe of own facul- 
ties, to the acquifitions of our own induftry» to honour and con- 
fidence from our fellow citizens, refulting not from birth, but 
from our adions and their fenfe of them enlightened by a benign 
religion, profeffcd indeed and pra(!lifed in various forms, yet all 
of them inculcating honefty, truth, temperance, gratitude and 
the love of man ; acknowledging and adoring an overruling pro- 
vidence, which by all its difpenfations proves that it delights in 
the happinefs of man here, and his greater happinefs hereafter ; 
with all thefe hleffings, what more is nec^ffary to make us a hap- 
py and profperous people ? Still one thing more, fellow citizens, 
a wife and frugal government, which (hall reftrain men from in- 
juring one another, (hall leave them otherwife free to regulate 
their own purfuit of induftry and improvement, and ftiall not 
take from the mouth of labour the bread it has earned. This 
is the fum of good government ; and this is necclTary to clofc 
the circle of our felicities. 

AoGut to enter, fellow-citizens, on the exercife of duties 
which comprehend every thing dear and valuable to you, it is pro- 
per you fhculd u^iderftand, what I deem the cfTeolial principles 
of ojr government, andconfequeitly thofe which ought to fhape 
irs admicifvratioii. I will comprefi them within the Harroweft 
comp'uLthey will bear, fluting the general principle, but not all 
its limilat:on«. Equal and exad juilice to all men, of whatever 
ftate or perfuaficn, religious or political : — peace, commerce anij 
honeft trendfhip with all nations, entangling alliances with none ; 
the lupport of the flate governments :n all their rights, as the mod 
comj ?teiit adminifl-atiCDS for our domcftic concerns, and the 
furelt bulvarks againll anti republican tendencies : the prefer- 
VHtJon of thf. general govemn-^nt in its whole conftitutional 
vigour, as the fheet aochor of our peace at home, and fafcty 
abroad : a jealous care of the right of eleftion by the people, a 
mild 3i'd faie corr.^dli e ofabufcs, which are lopped by the fword 
of revolutics where pearcnble remedies are unprovided : — abfo- 
kte acqulefcence in the decifions of the majority, the vital prin- 
ciple of republics, from which is no appeal but to force, the 
vital principle and immediate parent of despotifm : — a well di- 
cipliied militia, our beft reliance in peace, and for the firft mo- 
ments ej{ wp.r^ till regulars may relieve them ; the fupremacy ef 
the civil over the military ai::hority ; economy in the public ex- 
penfc ih'^t labour m-^y h-: lightly bnrthened : the honcll payment 
of our debts, ahd faired ptrfcrvation of the public faith ; eii- 
coi:r3j7emei* of njTricnkurc, and of con-imcrc€, as its handmaid ; 
the diaufioh of iuformaiion, and ari^ignment of all abuses at the 



APPENDIX. 

bar of public reafon ; freedom nf the prefs ; asd freedom ofper- 
fon, ij- der the protedion of the habeas corpus; and trial by 
juries impartially icl.6xcd. Thefe principles form the bright 
coriftellation, which has gene before as, and guided our fteps 
through aa age of revoiUtion and 'eformatlon. The wifdom of 
our fagesj ?nd blood of our heroes have been devoted to their 
attaintnent ; they ftiould be the creed of our poh'tical f^ith ; the 
text of -civic inftrudtion, the touchftone by which to try the fer- 
vicea of thofe we truft ; ard (hould we wander from them in 
moments of error or alarm, let us hailen to retrace our fteps and 
to regain the road vvhich alone leads to peace, liberty and fafety, 

I repair then fellow citizens, to the poft you have affigned 
roe. With experience enough in fubordinace offices to have feen 
the difficulties of this the grcateft of all, I have learnt to expe<9: 
that it will rarely fail to the lot of ii-,perfed man to retire fiom 
this Ration with the reputation, and favour wl ich brings him 
into it. Without pretentions to that higii confidence y<iu re- 
pofedin our nrft and greated- revolutionary character, vvhofe 
pre-eminent fcrvices had entitled him to the firft place in hi» 
country's love, and deRined for him the faireil page in the volume 
of faithful hiftory, I aflc fo much confidence only as may give 
•firmness and effeft to the legal adminiftraiion of your affairs. I 
(hail often go wrong through defeat of judgment. 

When right, I (liall often be thought wrong by thofe whofe 
pofitions will not command a view of the whole ground, I alk 
your indulgence for my own errors, which will never be inten- 
tional ; and your fupport againll the errors of others, who may 
condemn what they would not, if feen in all its parts. The ap- 
probation implied by your fuffrage, is a great confolation to mc 
for the paft ; and my future foliciiude will be, to retain the good 
opinion of thofe who have beftowed it iti advance, to conciliate 
that of others, by doing them all the good in my power, and to 
be inftrumental to the happinefs and freedom of all. 

Relying then, on the patronage of your good will, I advance 
with obedience to the work, ready to retire from it whenever 
you become fenfible how much better choices it is in your power 
to make. And may that infinite Power, which rules the defti- 
ries of the unlverfe, lead our councils to what i^ beft, and give 
them a favourable iffue for your peace and profperity. 

THOMaS JEFFERSON. 



APPENDIX. 

NUMBER XV. 

Extraft from the " debate on the refolution of Mr. Davis, that 
the tax on ftiils, refined fugars, ftamp8« &c. ought tobetakeo 
off.'* From the Wafhiogton Federali'H of February i6, 1803. 

Mr. Datis. *' IT was in the recollefi-ion of the houfe, that 
be had yefterday, in confequence of the great delay praftifed by 
the commltee of ways and means, aflied, in the moft refpedful 
terms he could ule, for information, ta which he deemed him- 
felf entitled, as a member of this houfe. When he fought this 
information and afked, why no report had been made on the 
fubje£v of repealing internal tajjes I when a report would be 
m;ide ? or what that report would probably be ? no anfwer had 
been given. The chairman of the committee had not dtigned to 
give an anfwer ♦ no gentleman would break, filence. He <was not 
nv'ill'tng to fubmit to ihisfilenl legUlaiion : there might be fame gentle - 
men. nvho luouU rife, or vote in favour of a motion ^ becaufe it came 
from one of half a do%en members of this houfe^ hut he would not do it* 
He reprcfented as many freemen as any member of the houfe : 
be felt himfclf entitled to quite as much refpe6l as any othfr, 
»nd l.e thought ii was the duty ot the members of the com»ittec 
to give the information, which it was his right to afk for. 7"* 
gcmhnien^ tuho tuere not in thefecrcts of the cabinet ^ and who were 
not clofetted before menfun's were introduced into this houfe, it was 
but re af on able to give information^ to enable them to underjland the 
fvhjecli or to advfe their conjliluent t ^ what would probably be the 
'proceedings of Congrefs. jis however gentlemen would not condefcend 
to give information that is a/ked for^ and were filent^ be.aufe they 
nndtrflood a fuhjeH. and might fuppofe other gentlemen would vote 
for me fares, becuufe the mover approved thsm. he felt difp.>fcd 
to do himfelf juiHce, and would therefore offer refolutions to the 
honfc, and their vote will determine, whether the interna! taxes 
ought to be repealed, aad if they fhould be agreed to, he would 
then refer them to the committee of ways and means to bring in 
a bill. 

It was now two months fince thia ftfTion began. The fub- 
je£t of internal taxes is well underftood : the opinions of gentle- 
men arte probably ripe. Let us have the decifi'^ of the houfe ; 
it is highly intercfting to have it now. The time is near, when 
dillilleri-8 « uft be ufcd : if the tax on them be taken off, they 
will be ufed, if not, many of them will be idle. 

Why poftpone ? Why keep the public mind in agitation, ia 
fufpenfe ? If it is intended to repeal, do it now ; if not, fay fo. 
No one knows the opinion of the committecj except poihbly 



AFPEKDIX. 

fome few, who are in their fecr«ts. He hoped the houfe would 
immediately proceed to a dicifion. 

He had been in farmed that thefuhjdcl cvas before a certain offi" 
eerofgovtrnmenti he thought fuchjirange proceeding : he thought the 
gommitte themf elves ivere to decide,'* 



NUMBER XVI. 



DUMB LEGISLATION; 

Or an eafy Method of demonftrating the propriety of withhold* 

ing information f^ om the Public. 

IN the houfe oF reprefentatives, Monday, January 25, lR02, 
Mr. Bayard called up the following refoluiion, which he had 
fome days prcvioufly laid upon the table, viz. 

** R^fohedf That the fecretary of the treafury be required to 
lay before this houfe, an account, is detail, of the cxpenfes 
incurred in the colleftion of the internal revenues of the United 
States ; dillinguifhing, where the fame may be practicable, the 
cxpenfes attending the collediios in each branch of the faid revC' 
nue, and alfo, an eliimate of the redudtion of faid expenfe* 
which may conveniently be made.'* 

The refohuion being read, he rofe and obferved : 

As it is extremely poffible, Mr. Speaker, that it is dtfigned. 
that this refolution (hall fhare the fame fate with that which th** 
rcfolution of the gentleman from New-York experienced this 
morning, I fhall be allowed at leaft, by publicly Itating, to julti^ 
fy to the world the motive which induced me te bring it for- 
ward. — [Mr. B. alluded to a rcfolution offered by Mr. T. Mor- 
ris, the objev^ of which was, to diretl the fecretary of the trea- 
fury to (late to the houfe the amount of ftamp duties collected in 
each ftate, diltinguilhiiig what part was paid by the commercial 
cities. When the refolucion was taken up, there was a call for 
the queftion. Nothing was faid againd the propriety of it. It 
being mere y a call for information, and confidcrcd fo much a 
matter of cuurfe to agree to fuch refolutious. when no oppofition 
was made to them, it was not fuppofed neceffary to fay any thin^r 
on the propriety and reafonablencfs of the refolution. Yet, to 
the aftoniitment of its friends, when th« queftian was put, there 
were for it 34, againft it 54.3 

Mr. Bayard proceeded to urge the importance of the infor- 
marioR called for in the rcfolution j inilfted that it was of a kind 
which had cever been denied to any member who had rtquetleci 



APPENDIX. 

It ; and called upon ihc mlnlfterial gentlemen to Hiew, if they 
«ould, why it (hoiild not be granted in this inftance, 

** Do gentlemen mean,' laid he, '* to lock up the d'>ors of 
the executive offices, aad deny ihe information tl^ofe o^ccs were 
deGgned to fupply to this houfc ? Are they sfra'd of the li-ht 
which may be thrown on this iubjtdl? Are they afraii that it 
will be difcovered that it is not the General good which they are 
purfuing, but local and partial advantagf.-i ? 

C.in information injure us? If the projed contemp!ai:ed is a 
correft one, will it not be promoted rather than obltrucled by 
the information called for? 

For my own part, faid Mr. B. I want this information, in 
order to difcover the courfe which it is my duty to purfue. I 
do not feel myfelf committed as to any particular plan. 

If it (hould really be found, that it is better to tax articles of 
neceflary confumption ihan thofe of mere luxury ; that a tax on 
carriages is more opprellive than a tax on fait or brown fugar, I 
fhou'd certainly yield to the convidion, however unexpededly it 
might alTail me. 

Sir> faid Mr. B. 1 mufl; rely that the refolution will be agreed 
to. There is not a precedent m our annals of oppofition to Tuch 
a refolution. If, however, ore is now to be introduced, I think 
it proper, that the names of thofe gentlemen fliould hereafter 
appear by wiicm it was refilled, and by whom it was edablillied. 
He therefore hoped the cjueilion would be taken by yeas and 
nays. 

Mr. Griswold ftated that the expenfe of colle£ling the in- 
ternal taxes was very diffeient upon different articles. He re- 
marked that ihe fecrctary, in his report, had declared that the 
cxpenfc of col1e6\Ing the internal taxes amounted to nearly 20 
percent. Ofi the amount colleded. It appeared, however, by 
the ftatements to which the fecretary alluded, that the charge for 
colleftin^ one branch of this revenue did not amount to 5 per 
cent. From this ftatement he argued the great importance of 
the information contemplated in the relolutiou. 

The confentof the houfe faid Mr. G. to every call for infor- 
mation, had forntierly been fo much a matter of courfe, that he 
fl\ould not have troubled the houfe with any remarks upon fo 
plain a qucftion as the prefent, had not the experience of this 
day proved, that gentlemen were not always to be indulgCvl by 
the houfe with the informatioo which they required ; and the 
profound filence which had at this time been oblerved by ihofc 
gentlemen v^ho could either admit or rejeft the refolution, appear- 
ed to indicate a determination on their part to refufe the impor- 
tant and neceffary information required by the refolution. He 
iidprefume, however, vkat upon this occafion, th: houfe would 



APPENDIX. 

confent to the refolution, and more particularly, as the report 
of the fecretary of the treafury, which had been read proved fo 
clearly the neceffity of paffing it. 

No reply whatever was made to thefe arguments, and to many 
others which were forcibly urged in favour of the refolalian. 

Mr. HuGER advocated the ri^foludon. 

Mr. RuTLEDGE confeiled himfelf much puzzled by the new 
forms of proceeding this day adopted. Ever iince he had the 
honour of a feat in congrefs, it had been invariably the praftice, 
when meafures were propofed not agreeable to the majority, for 
them to offer their objeAions to th«m. This had ever been the 
praiSlice, and the experience of its convenience offered flrong 
reafons for its continuance. When the majority dated their ob- 
jc£lions to any meafure, the minority, in fulHInlng it, anfwered 
thena fully : thus both fides a<Sled underftandingly, and when 
the proceedings of the national legiflature went out to the peo- 
ple, they were at the fame time informed of the reafons under 
which th^Ir reprefentatlves had legiflated. This had nac only 
been the ufage in congrefs, but the form of proceeding in all 
reprefentative bodies with whofe hiftory we are acquainted.— 
Even in the Britifh boufeof commons, which gentlemen had of- 
ten and emphatically flyled a mockery of reprefentatiou, fo great 
is the refpeft paid to public opinion, that the majority deem it 
their duty to aflign, in debate, the reafons of their conduit.— 
Although the miniller in England, has quite as much confidence 
in the ftrength ot hia majority, a^ gentlemen here can have ia 
theirs, yet, in feeling power, he docs not forget right, and his 
regard for public opinion is fo great, that he never fecures his 
meafures by a filent vote. Ia thefe days of innovation, w€, it 
feetTiS, are to purfue a different courie. When the refolution 
offered this morning by my honourable friend from Njw York, 
(Mr. Morris) was takea into confiderallon, not a voice was 
raifed agtinft it : this profound ulence made us expe£t an unan- 
imous vote-— but (in coufequence he fuppofcd, of fome out-door 
arrangements) it was rejected by the filent majority. He had 
feea many deliberative afTcmfelies, but eever before witnelfed 
fuch a procedure. He would not fay whether this was refpecl- 
ful towards the minority, whom we have been told from high 
authority, have their equal rights ; he would not fay whether it 
was dignified, as it regarded the majority; but, without pre- 
tending to any fpiritof prophecy, he would venture to fay it 
could not be deemed politic or wife by the people of this coun- 
try. 

Mr. Pv'jTLEDGE proceeded ?t confiderable length ; but th€ 
miniiterlal fide of the hcufe remained filent as the grave. 

J? 



APPENDIX." 

Mr*. Bayapd. I thank Gox3, if we have not tlie aJvan-- 
rage of hearing geatlemcn on the other fide expicfs their opin-' 
ions, ve have ftijl the h'berty of expreffing cur own fentinrjcnts. 
Not knowing how long we may have that liberty, I will now 
Hate iuriher tny opinion on the fubjed before the houfe. — Hc 
then proceeded with fonne further arguments. 

Mr. GoDDAR© faid—That he had until this time confoled him- 
felf with an idea, that whatever meafures might be adopted the 
prefent fslhon he and ihofe with whom be aded, would at Icaft, 
have been pertuitted to underftand the principlci, upon which 
t^)ofe meafuree would be fuppoitcd. 1 hie confolation he had de- 
rived frcra a declaration, made at an early period ©f the felhon, 
by ^n honourai^Ie gentleman froflo Virginia. (Mr. GiLts) that 
cjeconfimy nf information was not what he wiihcd to be pradifed. 
Bvit of that fulitary coi.f )lation, he had this day been bereft. We 
have alfeady made fiich advances in the fyftem of osconomy, as 
to have arrival at a point, where it is thought neceflary to prac- 
tife aconomy of Inforniml'wn. He inferred this from the manner in, 
which the leiolutions, which had been called up, had been t eated.- 
Kolhingivvas faid in reply to thcfe remarks, but the queftion 
beir.g taken by yeas and nays, ihe rcfuluttou was rejr^cd, ^j-jr- 
Jeven to thi-fyfcvtn. The following are tlic iiames ot thofe wh» 
voted againit the rcTolu'tion. 



/I L S T N , 


Fowler,. 


L-etb, 


S. Smiih; 


BrfCC»n 


Gi c«, 


Milled^T^., 


Sprigg, 


i)ih^K;p, 


Cray, 


r/]itchei, 


i^tai.ford, 


iircnt. 


Grrgg, 


Moore, 


Stauton, jr. 


Bajvvnr 


Hju.ah, 


M(vu; 


8tewa»d, 


Bnt;cr, 


D, Heifter, 


New, 


Talhaf. rro, 


CIt. 


J. Heiller, 


Newton, ]^, 


Thomas. 


C-.dit, 


Hclnv, 


Micholfon, 


Thcmpfon, 


t-u; is, 


Ho^ie, 


Randolph jr. 


A, Trigg, 


Davis, 


Holland. 


ISiiiilie, 


J- Trigvg, 


JL)ix on, 


PlolnKS, 


Ifrairl Smith, 


Van Ct>rtlant, 


KImcnd )rf, 


Jaeklow, 


Smith, N Y. 


Van Ntfs, 


El:n.r, 


J hni'jn, 


Smith, VIr. 


Varnum, 


Eintis-, 


Jonca, 


Jx;fiah Smlih, 


Van Korn, 
R. Williams. 
57- 



?.lr. R' TLT'D.':?;: cnH'td" Up for conH i'.^ration the refolutioa 
v-hcit Ik- i!)ovcd on Friday, on which the previ. us q.'.cftion was' 
l)cu lai^cMi. 

• lifoI'Vc'd, That thj conin.ittce of v/ny3 ai d means be in- 
IT u..ttd pat icuii,f''y lo i qp.ir into tlie expediency cf rt^dati' Jf. 
the auiici c.i Krjv.u liiLjw, ccf'cej u; d* bohca lea.''' 



AFPENDIX. 

Mr. Griswold hoped the refoiution would bc.decided Bpaa, 

Mr. RuTLEDGB hnped the reirreocc w ,uld ot./Uir/. 1 Ueie 
articles paid the highell: rate of duties, and were of the fi: H ne- 
ceffity. J n looking over the rates of duties on iroarit, he fawr 
many articles that were taxed enormoafly high. Thofe in the 
jrefolution were of the firft neceilify, the duty high, and laid 
■when they wire at war prices ; w'nile th^e people received war 
prices for their produce, they couid with cor.venicnce pay for 
thefe articles though high. The objed of the rcfolutiou was 
merely to enquire, and he did not fee how it could iatcrfere with 
any objeft gentlemen have in view. 

The miniflerialifU ftill obfcrved the moft profound filence; 

Mr. Dawa. I beg liberty to lender the homage of my pro- 
found refpefts, for the dignified fituation in which gentlemen 
iiavj now placed thcmfelves, and congratuhite them on their fi- 
Jenpc. There is fomething peculiarly imprefiive in this mede 
p( oppofing every thing that is urged. It is feldom that gen- 
tlemen have ex,hibited fuch a remarkable appearance of a philor 
^(fephical aflembly. 

Thai dumb legtjlature will immortalize your name — is fsld to 
have been the language c^ a certain diftinguiflied General to ^ 
certain nominal Abb^ wh > has been reprefentcd at having pige- 
on-holes full of cdnftitutions of his own making. 

During the memorable night, at St. Cloud, when the French 
Council of Ancients and Council of Five Hundred were ad- 
journed— to meet no more ; it may be recollected, the powers of 
the executive government were proviConally commivtcd to three 
perfoBS ftyied Confuls, and two of them were the General and the 
Abbe. From each of the council?, twenty-five members were 
felecked to compofc a commiffion, and aflift the provifional con- 
fuls in preparing a conftitution for France. Of the numerous 
prcjets of conftitutions which were prenfentcd by the Abb^ if 
^'s £aid no part was finally adopted, except the plan of a dumb 
legiflature. This, the General inftantly feized with apparent 
enthufiafm, exclaiming to the Abbe, that dumb Icgjjlature nvill 
immortalize your name. And it waa determined to haye a cGrj)s 
legi/latif ihzt fhould yote, but not debate. 

It was fcarcely to be expeded that any thing like this would 
ibon take place in our own country. But it is the prerogative 
.of great gcniufes, when in fimilar circumftances, to arrive at the 
fame great refults, although with fome difference in the pro- 
jsefs. Nor can I fqrbear offering my tribute of admiration for 
the genius who has projefled a mode of proceeding, among us 
4hat fo nearly rivals the plan adopted in France, I know not to 
whom is due the honour of this luminous difcovery. After afcrib^ 
i.9^ to him however ell merited glory, permit me to examine tb^ 



APPENDI*. 

force of the argument relied on by gentlemen in oppofition t© 
the propofcd relolution. 

Their argument is fileHce. I hope to be excufed, if I fhould 
not difcufsthe fubjt^ in the mod fatisfadory manner ; as filence 
is a new fpecies ot logic, about which no directions have been 
found in any treatife on logic that I have cverfeen, it will be my 
endeavour to reply to gentlemen by examining fome points 
which may be confidered as involved in their dumb argument. 

One of thtfe points is — that certain members of this houfe 
have pledged themfeives to their conftituents for repeah'ng all 
the internal taxes. Tbey may have declared their opiviors to 
this efFeft, before their eIe6lion ; and being chofen u. der fuch 
circiimftiinces, may now deem th- mfclves bound in honour not to 
vary. The terms affented to between their conftiiuents and 
thcrafelves may therefore be viewed, by them as the particular 
rule for their own conduft. But is this lioufe to be regarded ia 
the fame light with the Englifh hocfe of commons during the 
early period of their hiftory. when the knights of fiiirts and the 
repvefentatives from cities and borougks were inftruded on what 
terms ihty fhould bargain with the Crown for fpecial privileges 
and were limited to the price agreed on by their conllituents ? 
The fituation of gentlemen, who have thus pledged themfclves to 
vote for repealing the internal taxes, mui\ be irkfome indeed, if 
on mature confideration they fliould believe it more proper and 
more beneficial for the country to have other taxes reduced, — 
Thofe who have entered into a fiipulation of this fort, fo as to 
feel it as a point of honeur, are i'o peculiarly circuraftanced that 
they m.ight think it too afTuming in me, were 1 fo much as to ex- 
prefs a desire that they would vote for reducing fome of the 
duties oa i.uipofis, inffead of repealing all the internal taxes. It 
is to be hoped, tl-.e number ol members, who have pledged thcra- 
felves in this manner, does not exceed twenty live or thirty. 

i\r)other point involved in this argument of filencc is, that 
other gentlemen may have pledged themfclv-s to thefe, and 
given them a promife of fi^poort on this fubjed. It mull be 
Ecknowledged that this is more than was required on account of 
their feats in thigbeufc. If any gentlemen ha^e abfolutcly fo 
pledged thcmfelves t« others who had before pledged thenifelves 
to tlicir conlHtuents, it mult be indeed difficult to convince 
them. On this poir c their minds muil be conilituted fo differ- 
ently from m.ine, that there does not feem to be any c^mmon 
principle between us, that can be afTum.ed as the bafis of argu- 
nicntation. 

Another point is, the executive has recom.mendv-d a repeal of 
all tlie internal taxes, and not any rcduttion of tiie impoft. And 
will gentlemen a£l upon this as a fulficieut rcafon for thtir con- 



APPENDIX. 

du6l ? Is it now to become a principle that the executive is to 
deh'berate, and the legiilaturt to adl, r.nd that no meafure is to 
be adopted unlci^. prop.^fed by the cx' ^'Ut:;ve ? Would it not 
be bsUer lor the cwuntry lo abolidi tl.s 'tiife, and fo avoid iiic- 
lefs exp; Tife, if it i". to be noiJ^nag rjore Xnxu one of the ancient 
psrhaments of F-ance, ernployeJ lo rc^^ilter the edids of a maf» 
ter ? 

TI^^ filcnce of gcPtlemcM may ?lfo he conf.derec as having 
relation to -heir great ^ >fire for the harmony of facial Incer- 
courf:^ I'o prt ve~jt itj beng dillurbed in the houfe by del aiing, 
ihcy may have cc nc n a dv'-.tiniina.jon, that ah the great quef- 
t'loxis ikali b'" fettle:! b' geniiemcn of a certain dcfcnption, whea 
met in .'6tui.)s' coiiciav'', and he only vote2 ui:.on n ihispiace. 
If fuch be che faei ii; feems but reafcuable, that any of the mem- 
bers of tiiis houfe should te admitted, in mec •jngs of the con- 
clave, as dc egates from the lerritoriai diftritts are admitted in 
congrefs, y\kh a right to debate, although not to vote. If, 
however, this is thought too much, gentlemen fhould at leaft: 
have galleries provided, fo that other members of ih. icgiflature 
might be admitted as ipec1ators» and have lome opportunity of 
knowing the reafcns for public mcafures. 

The queftion was called for and icii, yeas ';^$f nays 58. 



END. 



ty- THE Copy Right of the foregoing work has 
been fecured according to law. 



DEC 9 1908 



LIBRARY OF CONGRESS 




